TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 59

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

(272)

151036

MDHOAN 7052

HKE 12/1

TOP COPY Q DIST ?

Ru

CONFIDENTIAL

FM FCO

TO IMMEDIATE PEKING

TELNO 1054

OF 06180OZ NOVEMBER 89

AND TO IMMEDIATE HONG KONG

INFO IMMEDIATE UKREP JLG HONG KONG

YOUR TELNO 1951: BASIC LAW: THE WAY FORWARD

1.

PARA 1(A) OF TUR AGREED. ON PARA 1(B), WE TAKE YOUR POINT. THE LETTER CANNOT GO INTO ADEQUATE DETAIL ON ALL POINTS. IT IS STILL INTENDED LARGELY TO FLAG ISSUES TO BE ADDRESSED IF NOT IN A MEETING THEN IN THE OVERALL CRITIQUE WHICH WE SHALL HAND OVER. NONETHELESS, WE AGREE THE FOLLOWING EXPANSIONS SHOULD BE MADE: (A) PARA 8: REPLACE THE SECOND AND THIRD SENTENCES BY THE FOLLOWING:

QUOTE I AM UNABLE TO GO INTO DETAIL IN A LETTER OF THIS LENGTH. I OUTLINE BELOW EXAMPLES OF SUCH ISSUES BUT THEY DO OF COURSE NEED TO BE ADDRESSED IN MORE DETAIL UNQUOTE. (B) PARA 8(A): WE THINK THIS IS ADEQUATELY SELF EXPLANATORY.

(C) PARA 8(8): AMEND SECOND SENTENCE AS FOLLOWS: QUOTE YOU WILL RECALL THAT ARTICLE 31 (WHICH PROVIDES (UNDERLINE NEXT WORD) ALL RESIDENTS WITH A RIGHT OF ENTRY)

DOES NOT APPEAR TO BE CONSISTENT WITH ARTICLE 24 WHICH STATES THAT NON RESIDENTS DO NOT HAVE THE RIGHT OF ABODE. SUGGESTED TEXTS TO AVOID THIS APPARENT INCONSISTENCY IN PARAGRAPHS 11 AND 20.....UNQUOTE.

I

(D) PARA 8(C): INSERT NEW SECOND AND THIRD SENTENCES AS FOLLOWS:

QUOTE THE PROBLEM HERE IS WHETHER THE PROVISIONS OF THE TEXT ARE SUFFICIENTLY EXPLICIT TO ENABLE THE CHIEF EXECUTIVE AND OFFICIALS WHO SIT IN ON MEETINGS OF THE LEGISLATURE TO FACILITATE PROPER CONSIDERATION OF GOVERNMENT BUSINESS IN THE LEGISLATURE. YOU WILL RECALL THAT WE MADE SOME SPECIFIC SUGGESTIONS IN THIS CONNECTION DURING OUR LAST MEETING. UNQUOTE.

(E) WE CONSIDER THE ISSUES TOO COMPLEX TO ADDRESS IN ANY MORE DETAIL HERE, AND WOULD PREFER TO FLAG ONLY AND PICK UP IN THE OVERALL CRITIQUE.

(F) PARA 9: AMEND SECOND SENTENCE TO READ:

QUOTE

a

TO DISCUSS WITH YOU FURTHER, IN PARTICULAR THE IMPLICATIONS FOR THIS ARTICLE BOTH OF EXISTING EMERGENCY LAWS

1

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CONFIDENTIAL

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