TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 170

CONFIDENTIAL

HKB

01211

250

ва

047442 MDHIAN 9551

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 3401

OF 121145Z OCTOBER 89

fou

INFO IMMEDIATE, PEKING, UKREP JLG HONG KONG

YRTELNO 2022: BASIC LAW: CRITIQUE

TOP COPY Q DIST ?

if not

Is this entered

ра

WE HAVE THE FOLLOWING COMMENTS ON THE POINTS RAISED IN TUR:

(A) PA'S VISIT

(I) ARTICLE 14

for 23112.

24/17-

WE SUGGEST THAT PA SHOULD REFER TO OUR VIEWS ON THE STATIONING OF

TROOPS IN THE SAR

K AND REMIND THE CHINESE THAT THIS REMAINS A SENSITIVE SUBJECT. (WE AGREE THAT POINT (B) IN THE CRITIQUE IS MORE SUITABLE FOR LEGAL EXPERTS).

(II) ARTICLE 106

PA SHOULD MENTION THE NEED FOR THIS ARTICLE TO BE MADE COMPATIBLE WITH THE JD AND SAY THAT WE SHALL BE GLAD TO OFFER WORDING FOR AMENDMENT AT THE LEGAL EXPERTS MEETING.

(III) ARTICLE 157

PA SHOULD SIGNAL THE RENEWED INTEREST AMONG HK PEOPLE ON THIS ARTICLE. HE SHOULD MENTION THEIR CONCERN THAT ANY MEASURE SHORT OF AN EXCLUSIVE VESTING OF THE POWER OF INTERPRETATION OF THE ''AUTONOMY'' ARTICLES IN THE SAR COURTS WOULD CAST DOUBT ON THE INDEPENDENCE OF THE JUDICIARY AND ON THE POWER OF FINAL ADJUDICATION PROVIDED FOR IN THE JD.

(B) MY VISIT

(I) ARTICLE 11

I INTEND TO SAY THAT AN IDEAL SOLUTION WOULD BE TO AMEND THE PRC CONSTITUTION TO REMOVE ALL DOUBTS, BUT, IF THIS APPROACH PRESENTS INSURMOUNTABLE DIFFICULTIES (AND OF COURSE IT ALMOST CERTAINLY WOULD FOR THE CHINESE) THE NPC MIGHT PASS A RESOLUTION CLARIFYING THE CONSTITUTIONAL VALIDITY OF THE SYSTEMS TO BE PRACTISED IN THE SAR.

(II) ARTICLE 14