TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 164

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 3550

OF 251115Z CCTOBER 89

a

CONFIDENTIAL

HKC B

012 11

HKB 026/24.

визую

TOP COPY Q DIST?

111531

MDHIAN 1411

253

for

INFO PRIORITY PEKING, UKREP JLG HONG KONG

252

216

247

YOUR TELNO 2150: BASIC LAW: DISCUSSIONS WITH THE CHINESE

1. WE AGREE THAT THE PA SHOULD NOT/NOT RAISE THE STATIONING OF

TROOPS IN THE SAR DURING HIS VISIT TO PEKING FOR THE REASONS GIVEN IN TUR. IF THE CHINESE COMPLAIN ABOUT OUR QUOTE DEMANDS UNQUOTE, HE WOULD SIMPLY SAY THAT THE CHINESE ARE AWARE OF THE SENSITIVITY OF THE ISSUE IN HONG KONG, AND THE MORE THOSE SENSITIVITIES CAN BE TAKEN INTO ACCOUNT, THE BETTER FOR CONFIDENCE. (PA HAS STILL TO RECEIVE CONFIRMATION FROM NCNA TO HIS PROPOSED DATES OF 30 OCTOBER TO 1 NOVEMBER.)

2. WE ALSO AGREE THAT WE RECONSIDER NEARER THE TIME WHETHER THIS

QUESTION SHOULD BE RAISED DURING MY VISIT TO PEKING.

3. SINCE WE ARE STILL NOT CERTAIN THAT THE LEGAL EXPERTS MEETING WILL BE HELD, PA PLANS TO RAISE THE FOLLOWING ISSUES (I.E. INCLUDING THOSE LISTED IN PARA 3(A) OF MY TELNO 3178) HIMSELF: THE QUESTION OF

THE PRC CONSTITUTION (BL ART 11), DECLARATION OF STATE OF EMERGENCY (BL ART 18), ARTICLE 22, ECONOMIC SYSTEM (BL ART 106 AND JD 85), LEGAL SYSTEM (BL ART 157 AND ART 2 ON DEGREE OF AUTONOMY ENJOYED BY

SAR). AND THE IMPORTANCE OF AN AUTHENTIC ENGLISH TEXT. HE WOULD

EXPRESS CONCERN AT REPORTS THAT THE CHINESE MIGHT ADD AN ARTICLE ON ''SUBVERSION'', EXPLAINING THAT ART 23 ALREADY COVERS TREASON AND SEDITION. PA WILL NOT/NOT RAISE CONSTITUTIONAL DEVELOPMENT. IF THE CHINESE RAISE IT, HE WOULD RESTRICT HIMSELF TO EXPRESSING THE HOPE THAT THE CHINE SE WILL LISTEN TO EMERGING CONSENSUS VIES AND REFLECT THEM IN THE FINAL DRAFT OF THE BASIC LAW. IF THE CHINESE RAISE 1991 HE WOULD REFER TO THE POINTS MADE IN MY ADDRESS TO LEGCO AND THE IMPORTANCE OF OUR RESPONDING POSITIVELY TO A GENERAL VIEW EMERGING IN HONG KONG IF WE ARE TO CARRY OUT OUR RESPONSIBILITY FOR ENSURING THE EFFECTIVE ADMINISTRATION OF HONG KONG.

4. WE SHALL DEAL WITH PARA 3 OF TUR SEPARATELY.

WILSON

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CONFIDENTIAL