CONFIDENTIAL
070542
MD
N 5801
CONSTITUTION AND THE EXTENT TO WHICH ITS STRUCTURAL PROVISIONS (AS DISTINCT FROM ITS IDEOLOGICAL OR POLICY PROVISIONS) HAVE RELEVANCE IN RELATION TO, IF NOT DIRECTLY TO, THE SAR. FOR EXAMPLE, IF, AS NO ONE CAN DISPUTE, ARTICLE 31 OF THE PRC CONSTITUTION APPLIES DIRECTLY TO THE SAR, THAT ATTRACTS INDIRECTLY THOSE STRUCTURAL PROVISIONS OF CHAPTER THREE OF THE CONSTITUTION WHICH REGULATE THE NPC. AT LEAST, IT CANNOT BE SAID THAT SUCH PROVISIONS HAVE NO RELEVANCE TO THE SAR.
4.
THE WORKABILITY OF VARIOUS PROVISIONS IS ALSO A MATTER FOR CONSIDERATION AND YOU HAVE DRAWN ATTENTION TO ARTICLE 22 WHICH IS AN EXAMPLE OF AN ARTICLE WHICH NEEDS TO BE CONSIDERED FROM THIS POINT OF VIEW.
5. YOU HAVE ALSO DRAWN ATTENTION TO A NUMBER OF QUESTIONS RELATING TO DEFENCE AND LAW AND ORDER WHICH HAVE BEEN THE SUBJECT OF MUCH DISCUSSION IN HONG KONG IN RECENT WEEKS. I THINK I CAN ASSURE YOU THAT YOUR CONCERNS ON THIS POINT ARE WELL KNOWN TO THE RELEVANT AUTHORITIES.
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FINALLY, I SHOULD REFER TO YOUR POINT THAT THERE SHOULD BE AN AUTHENTIC ENGLISH TEXT OF THE BASIC LAW. THIS WOULD SEEM TO BE IMPLICIT IN ARTICLE 9 OF THE DRAFT. BUT I CAN WELL APPRECIATE THE WISH THAT IT SHOULD BE EXPLICIT AND THAT HONG KONG PEOPLE SHOULD FEEL ASSURED THAT ENGLISH CAN CONTINUE TO BE USED IN THE HKSAR COURTS WITHOUT THE RISK OF CONFUSION OVER TRANSLATION OR INTERPRETATION OF THE BASIC LAW.
7. THE ABOVE REFLECTS SOME WEIGHTY AND FUNDAMENTAL ISSUES ABOUT HONG KONG'S FUTURE BASIC LAW. AS WE UNDERSTAND IT, THE CHINESE AUTHORITIES PROPOSE TO MAINTAIN THEIR PROGRAMME TO ENACT THE BASIC LAW IN THE SPRING OF 1990. THERE IS THEREFORE ONLY A VERY LIMITED TIME FOR FURTHER AMENDMENTS TO THE DRAFT. YOU AND YOUR COLLEAGUES WILL NO DOUBT BE DOING ALL YOU CAN TO MAKE YOUR VIEWS KNOWN TO THE DRAFTSMEN OF THE BLDC AND THE AUTHORITIES IN PEKING. IT IS IMPORTANT THAT THOSE DIRECT CHANNELS OF COMMUNICATION ARE UTILISED IN A COMPREHENSIVE AND CONSTRUCTIVE WAY.
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FOR OUR PART, WE HAVE, AS YOU KNOW, ENSURED THAT CONCERNS EXPRESSED TO US ABOUT THE BASIC LAW ARE PASSED ON TO THE CHINESE AUTHORITIES THROUGH THE DIPLOMATIC CHANNEL. WE SHALL CONTINUE TO DO SO. WE HAVE ALSO DISCUSSED WITH THE CHINESE VARIOUS ASPECTS OF THE BASIC LAW. IN PARTICULAR, WHILE ACKNOWLEDGING THAT THE DRAFTING OF THE BASIC LAW IS STRICTLY A MATTER FOR THE CHINESE GOVERNMENT WE HAVE ON A NUMBER OF OCCASIONS UNDERLINED TO THEM THE IMPORTANCE OF TAKING ACCOUNT OF HONG KONG PEOPLE'S VIEWS. THE BASIC LAW IS VITAL TO BOTH SHORT AND LONG TERM CONFIDENCE IN
HONG KONG. JOHN MAJOR MADE THESE POINTS ONLY LAST MONTH TO CHINESE FOREIGN SECRETARY QIAN QICHEN AT THEIR MEETING IN NEW
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