TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 153

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

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VT HOUSE

HK

Article

Problem

of the PRC Constitution which

refers to "special

Art. 13

administrative region".

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.

Suggested Solution

外交和國防事詻層中央 人民政府管理外,享有 高度自治權。

"The HKSAR shall come directly

under the CPG. It shall enjoy a

high degree of autonomy, except in foreign and defence affairs which are the responsibilities of the CPG."

The Basic Law should make clear that that office would only deal with those foreign affairs which the CPG has not authorised the Hong Kong SAR to

A deal with on its own). possible redraft for this purpose is as follows:

"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

cwn.

Remarks

BLDC/BLCC interlocutors

Actions taken:

-

We have drawn Chinese attention to the problem identified, but have not yet put the suggested revised text to them.

(a) Channels :

Legal experts meeting - Zheng Weirong

BLDC/BLCC interlocutors

- PA's introductory visit

to China

Actions taken:

-

- This has been pursued with

our BLDC/BLOC contacts. But so far no feedback.

CONFIDENTIAL

'89 10-26 12:01

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