TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 57

CONFIDENTIAL

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151056

CONFIDENTIAL

FM FCO

TO IMMEDIATE PEKING

TELNO 1055

OF 06180OZ NOVEMBER 89

TOP COPY Q DIST ?

MDHOAN 7054

HKB 012 /

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AND TO IMMEDIATE HONG KONG, UKREP JLG HONG KONG

MIPT: BASIC LAW: THE WAY FORWARD: FIFOOT/SHAO LETTER: DRAFT SPEAKING NOTE

1.

THE EMBASSY HAVE BEEN IN TOUCH ON A NUMBER OF OCCASIONS WITH THE MINISTRY OF FOREIGN AFFAIRS ABOUT THE POSSIBILITY OF A FURTHER MEETING BETWEEN LEGAL EXPERTS TO DISCUSS THE DRAFT BASIC LAW. I SHOULD LIKE TO EXPLAIN IN A LITTLE MORE DETAIL WHY WE ATTACH IMPORTANCE TO OUR CONTACTS ON THE BASIC LAW AND TO HAND OVER PAPERS WHICH I HOPE MAY HELP YOU IN YOUR CONSIDERATION OF OUR PROPOSAL FOR A MEETING.

2.

WE HAVE ALWAYS ACCEPTED THAT THE DRAFTING OF THE BASIC LAW, WHICH IS A LAW OF THE PEOPLE'S REPUBLIC OF CHINA, IS A MATTER FOR THE CHINESE SIDE. WE HAVE BEEN GRATEFUL FOR OPPORTUNITIES IN THE PAST TO EXPRESS OUR IDEAS TO YOU. WE WELCOME YOUR READINESS TO LISTEN TO OUR VIEWS. MR RONG KANG REITERATED THIS READINESS DURING HIS DISCUSSION WITH THE POLITICAL ADVISER ON 31 OCTOBER. FOR OUR PART WE HAVE ALWAYS FOUND OUR DISCUSSIONS WITH YOU ON THE DRAFT BASIC LAW TO BE VALUABLE IN OUR UNDERSTANDING OF THE DRAFTING PROCESS.

3.

WE ENTIRELY UNDERSTAND THAT OUR EXCHANGES ON THIS SUBJECT ARE CONFIDENTIAL AND CONDUCTED IN A SPIRIT OF COOPERATION. WE HAVE ALWAYS RESPECTED THAT CONFIDENTIALITY. WE SHALL CERTAINLY CONTINUE TO DO SO. IN THIS CONTEXT I SHOULD LIKE TO REPEAT THAT THE RECENT PUBLICATION IN THE TIN TIN DAILY NEWS OF THE CONTENTS OF ONE OF OUR CONFIDENTIAL NOTES TO YOU WAS NOTHING TO DO WITH THE BRITISH SIDE. WE DEPLORE AS MUCH AS YOU DO SUCH A BREACH OF CONFIDENTIALITY.

4. THE REASON WE TAKE SO SERIOUSLY OUR CONTACTS WITH YOU ON THE BASIC LAW IS THAT THE BASIC LAW IS THE ESSENTIAL FOUNDATION FOR HONG KONG'S FUTURE. ITS FINAL FORM AND THE IMPACT IT HAS IN HONG KONG WILL BE CRUCIAL. THE BASIC LAW IS ALSO THE PRACTICAL AND LEGAL EMBODIMENT OF THE JOINT DECLARATION, ON WHICH WE HAVE COOPERATED SO CLOSELY TOGETHER. AS JOINT SIGNATORIES OF THE JOINT DECLARATION, WE ARE BOUND TO TAKE THE CLOSEST INTEREST IN THE FINAL FORM OF THE BASIC LAW AND CONSEQUENTLY IN THE DRAFTING PROCESS.

5.

WHAT WE ABOVE ALL WISH TO AVOID IS THE RISK OF ANY

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