TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 197

CH

CABINET MITCHELL-HEGGS & ASSOCIÉS

KER K. MITCHELL-HEGGS

D.E.. du

ctorat de Droit Privé

-

Avocat à la Cour Barrister-at-Law (Inner Temple)

Avec la collaboration de :

JILL SCHOFIELD-THOMMERET b.a. Hons,

Licenciée en Droit, Solicitor

AVRIL S. H. LEE

B. A. Honours Law (Kent)

Barrister-at-Law (Middle Temple)

D.S.U. Droit Commercial (Paris 2)

EVELYNE LASSNER-FAROULT

Avocat à la Cour

Correspondants Organiques :

MAURICE MITCHELL-HEGGS m.a. (oxon)

Barrister-at-Law

MANUEL DE YTURBE m.a. (Cantab.)

Licencié en Droit, Barrister-at-Law

ANTHONY B. MITCHELL-HEGGS

Barrister-at-Law at the Bar of England & Wales,

and the Bar of Hong Kong

DR. DOREEN HINCHCLIFFE, ph. d.

London, 11. m. Harvard, Barrister-at-Law

NOTRE RÉF.

CKMH/SB

9, RUE D'ANJOU 75008 PARIS

TÉL. 42 65 13 04 (6 LIGNES)

TELEX 660 853 ARMHYT

TELECOPIEUR AUTOMATIQUE ;

(FRANCE: 331) 47 42 72 15

VOTRE RÉF.

The Hon. Francis Maud M.P. Foreign and Comonwealth Office, London SW1A 2AH,

ANGLETERRE

Dear

the thand,

-7 SEP 1989

CABINET EN ANGLETERRE

THE CLOISTERS

INNER TEMPLE, LONDON EC4Y JAA

TEL: 01.353.21.14

See (241)

Mos Madden HKD For advice & draft reply from Mr Maude. A ps/ mr Maude

Mr McLaren

John Outters

7/9

DATE 1.9.89.

Mr/ Cannin

му

For

achin,

Mr Edwarda

RE : THE DRAFT BASIC LAW OF THE H.K.S.A.R.

in

consultahn will

RM159

I was most grateful for your letter of the 21/8 and for your kind words saying that my research and Opinion on the point of creating a Constitutional Court to be the final arbitør of the interpretation of both the spirit and the letter of this basic, constitutional law, had been of some use to you.

May I ask you a straight question on this subject? Would you appreciate the assistance of Monsieur Robert Badinter, the President of the French Conseil Constitutionnel and a singularly important and recognised authority on this subject, who has expressed his great interest in this matter and his readiness to assist us in drafting the terms of reference that would establish such a constitutional court? He could either do this in an unofficial capacity, with the help of Professor François Luchaire, or even in an official capacity, if this would be preferable.

What I would like to suggest, since Monsieur Badinter is a longstanding friend of mine, is that he might be requested, jointly by the Government in Peking and yourself, to provide a general guideline as to the way that such a constitutional court would be appropriate in the current circumstances. His opinion would be likely to be acceptable in the light of his own unbiased and unquestionable authority on this subject, as well as being somewhat objective politically since France is not in any way directly involved in these negotiations between Britain and the Peoples Republic of China.