TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 116

CONFIDENTIAL

Critique on the February 1989 Draft of the Basic Law

As at 20.10.89

000 GOVT HOUSE HK

Article

Chapter I: General Principles

Art. 2

Problem

(a) The expression "a high degree of autonomy" is referred to in the draft BL, but the field in which such autonomy may be exercised is not indicated in a manner which is fully consistent with JD 8.

Part A⭑

Suggested Solution

(a)

(b) The expression "The NPC

(b)

authorises the HKSAR raises two questions:

(i)

whether the BL itself

confers upon the HKSAR

the necessary authorisation or a future form of

authorisation is required;

JD 8 should be reflected in the BL so as to indicate in Art. 2 the extent of the matters which fall within the jurisdiction of the SAR.

The intention of the drafters is that the BL will be an instrument of authorisation. As the NPC is the organ enacting the BL, the reference to the NPC should be deleted.

A suggested text taking account of

(a) and (b) is as follows:

"The NPC hereby authorises the

Channels :

-

Remarks

BLDC/BLCC interlocutors Legal experts meeting Zheng Weirong

Actions taken:

(a) is a new suggestion; (b) has been raised with the Chinese side, but to no avail.

* Part B of the Critique covers issues largely of a technical nature.

CONFIDENTIAL

'89 10-26 11:29