Article
Problem
CONFIDENTIAL
- 4
Suggested Solution
Remarks
000 GOVT HOUSE
HK
'89 10-26 11:31
Chapter 11: Relationship between the Central Authorities
and the Hong Kong Special Administrative Region
Art. 14
It
(a) There is a great concern
about the stationing of PLA troops in the SAR. The draft BL is far from firm about the precise role of the garrison in the SAR. will greatly help restore confidence if this Article could be clarified to the effect that Chinese military forces would be sent to the SAR only in time of war; and that they would render asistance only at the request of the SARG in circumstances where the SARG considers there is such a need. It would also accord more with the relationship between the executive and the legislature if the latter were given the authority to approve the request made by the SARG.
(a) The following formulation is suggested to replace the existing para. 3:
"Military forces may be sent by the Central People's Government to the HKSAR only in time of war and such forces shall not interfere in the local affairs of the Region. In addition, the Government of the HKSAR may, if it considers it necessary to do so and if the Legislative Council of the HKSAR approves, ask the Central People's Government for the assistance of its military forces in the maintenance of public order and in disaster relief and such forces may respond to the extent requested by the Government of the HKSAR.
*R
An additional provision should be
Channels :
Legal experts meeting
Zheng Weirong
JLG (Defence & Public Order talks)
Consultation with the Chinese side on proposed amendment to the Crown Proceedings Ordinance ((b) only)
Actions taken:
-
(a) is a point of
immense public concern consequent to the June 4 event. Action has been taken with the Chinese side by the Secretary of State and at JLG XIII. On (b). The Chinese legal experts saw no need to include such details in the BL.
CONFIDENTIAL
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