TNAG-1862-FCO40-2639-Future-of-Hong-Kong-Basic-Law-1989 — Page 57

Problem

CONFIDENTIAL

-

- 14

A

Preferred Redraft

Possible Channels

Art. 13: As drafted, para. 2 is

open to the interpretation that

the MFA office established in

the SAR may deal with any matters relating to foreign affairs. However, certain

aspects of the SAR's foreign affairs, e.g. her external trade and economic relations, are

within the SAR's autonomy.

In the interest of clarity, the BL should preferably provide that the MFA office in

the Hong Kong SAR will be confined to

liaison functions. Failing that, the Basic

Law should at least make clear that this office would only deal with those foreign affairs which the CPG has not authorised

the Hong Kong SAR to deal with on its own. A possible redraft for this purpose is as follows:

- legal experts channel

"The Ministry of Foreign Affairs of the PRC shall establish an office in HK to deal with those foreign affairs which the Hong Kong SAR is not authorised to deal with on

its own.

However, the Chinese side attach much sensitivity to this issue, and have so far been unreceptive to our proposed amendment.

CONFIDENTIAL