CONFIDENTIAL
276)
CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 2249
OF 07180OZ NOVEMBER 89
AND TO IMMEDIATE PEKING
INFO IMMEDIATE UKREP JLG HONG KONG
OF COP Q DIST ?
154603
MDHOAN 7142
HKB 012/1
275
YOUR TELNO 3694: BASIC LAW: FIFOOT/SHAO LETTER
1.
WE HAVE THE FOLLOWING COMMENTS ON THE POINTS IN TUR:
(A) WE AGREE THAT YOUR FORMULATION IS PREFERABLE AND WOULD BE HAPPY TO USE IT HERE IF WE HAD DONE SO FROM THE OUTSET. HOWEVER, WE SEE SOME RISK OF AROUSING CHINESE SUSPICIONS IF WE NOW SWITCH TO IT FROM OUR EARLIER FORMULATION WHICH WE HAVE GENERALLY BEEN USING (THOUGH WE NOTE THAT THE PA USED THE NEW FORMULATION IN HIS VISIT). WE THINK OUR POSITION IS
STILL PRESERVED: AFTER ALL, THE DRAFTING IS FOR THE CHINESE - WE MUST SATISFY OURSELVES THAT THE FINAL PRODUCT IS IN
CONFORMITY WITH THE JD.
-
(B) THE POINT YOU RAISE IS ONE WE HAVE DISCUSSED IN THE PAST
WITH THE CHINESE. WE DO NOT WANT TO LABOUR IT TOO MUCH IN THESE PARAGRAPHS, WHICH ARE DEALING WITH NEW ASPECTS OF THE PROBLEM. WE SUGGEST TAKING ACCOUNT OF YOUR CONCERN BY ADDING
A NEW THIRD SENTENCE TO THE EXISTING PARA 5 AS FOLLOWS:
QUOTE ONE ASPECT OF THIS, WHICH WE HAVE DISCUSSED IN THE PAST IN CONNECTION WITH ARTICLE 157, IS THE DIFFERENCE IN THE TWO SYSTEMS OF THE NATURE OF INTERPRETATION OF
LEGISLATION. ANOTHER RELATES TO THE NATURE OF LEGISLATIVE POWER ITSELF. AS REGARDS THE LATTER, THE ESSENTIAL PROBLEM IT SEEMS TO ME
UNQUOTE
PARA 4: AGREED.
2.
(C)
(D)
PARA 5:
(E)
AGREED.
PARA 6: FIRST SENTENCE, CORRECT. ON YOUR SECOND POINT, GIVEN THE SENSITIVITY OF THE CHINESE ABOUT THE TIN TIN LEAK, WE HAVE TRIED TO KEEP REFERENCES TO OUR NOTE OF 7 SEPTEMBER
TO A MINIMUM AND WOULD PREFER NOT TO REPEAT ONE HERE. IF YOU
PREFER, WE CAN DELETE THE QUOTATION MARKS AROUND THE PHRASE CONCERNED.
(F) PARA 7: AGREED.
(G) PARA 8: SEE PARA 1(A).
SUBJECT TO YOUR AGREEMENT TO THE ABOVE, GRATEFUL IF YOU AND
PEKING COULD PROCEED AS OUTLINED IN PARA 9 OF TUR. TO ENSURE
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CONFIDENTIAL
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