TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 212

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THE BL IN THE MAINLAND, AS THE DRAFTING OF THE BL WAS A MATTER OF CONCERN TO ALL THE PEOPLE OF CHINA.

COMMENT

7. THE SEMINAR'S VIEWS REINFORCE RECENT INDICATIONS FROM THE CHINESE

THAT NO MAJOR AMENDMENTS TO THE SECOND DRAFT COULD BE EXPECTED. THE SUGGESTION IN PARA 4 ABOVE, IF PURSUED, WOULD DEAL A FURTHER SERIOUS BLOW TO CONFIDENCE. WE SHALL THEREFORE NEED TO WATCH DEVELOPMENTS CLOSELY, AND BE PREPARED TO TAKE UP THE ISSUE AT HIGH LEVELS SHOULD IT APPEAR THAT THE CHINESE ARE SERIOUS ABOUT THE ADDITION OF ANTI-SUBVERSION PROVISIONS.

SHOULD

8. IN THE MEANTIME, WE SUGGEST THAT WE SHOULD REFRAIN FROM COMMENTING PUBLICLY ON THIS SUGGESTION IN VIEW OF CHINESE SENSITIVITIES, BUT SHOULD PRIVATELY ENCOURAGE THE VIEW THAT:

(A) ART. 23 OF THE DRAFT BL ALREADY PROVIDES FOR THE ENACTMENT OF LAWS BY THE SAR TO PROHIBIT ANY ACT OF TREASON, SECESSION, SEDITION AND THEFT OF STATE SECRETS (THIS VIEW HAS ALREADY BEEN EXPRESSED BY LEGCO 'MEMBER ANDREW WONG), AND

(B) THE JD STIPULATION (JD 151) THAT THE HK SARG SHALL MAINTAIN FREEDOMS OF SPEECH, OF THE PRESS, OF ASSEMBLY AND OF ASSOCIATION SHOULD BE FULLY AND FAITHFULLY REFLECTED IN THE BL WHICH SHOULD NOT

THEREFORE CONTAIN ANY PROVISION IN CONFLICT WITH THIS JD PROVISION.

9. GRATEFUL FOR YOUR VIEWS.

FORD

YYYY

DISTRIBUTION

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.HONG KONG AGREEMENT

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HKD

HD/FED

RESEARCH (FE)

NEWS D

PS/MR MAUDE

PS/LORD BRABAZON MR GILLMORE

MR MCLAREN MR MOSS

PUSD

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