TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 71

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MDHOAN 6871

THE SAR OF CASES INVOLVING ORGANS AND AUTHORITIES OF THE PRC OR THEIR STAFF (INCLUDING THOSE REFERRED TO IN ARTICLES 14 AND 22 OF THIS LAW), AND FOR THE PAYMENT OF COMPENSATION BY SUCH ORGANS OR AUTHORITIES OR MEMBERS OF SUCH STAFF, SHALL BE PRESCRIBED BY THE LAW OF THE SAR. UNQUOTE.

(B) FREEDOM OF MOVEMENT AS REGARDS RESIDENTS AND

NON-RESIDENTS (ARTICLES 24 AND 31). YOU MAY RECALL THE SUGGESTED DRAFTS IN PARAGRAPHS 11 AND 20 OF MEMORANDUM I ENCLOSED WITH MY LETTER OF 17 NOVEMBER 1988;

(C) QUESTIONS RELATING TO THE RELATIONSHIP BETWEEN THE LEGISLATURE AND THE EXECUTIVE, AND THE PROVISIONS NECESSARY FOR ENABLING THE EXECUTIVE TO PURSUE GOVERNMENT BUSINESS IN THE LEGISLATURE. AMONGST THE RELEVANT ARTICLES ARE ARTICLES 62, 71, 73, 74, 76.

I AM

(D) ARTICLES 157, 159 AND THE BASIC LAW COMMITTEE AWARE OF PROPOSALS PUT FORWARD BY THE BUSINESS AND PROFESSIONAL GROUP IN HONG KONG ON THESE MATTERS, SOME OF WHICH RESPOND TO DIFFICULTIES WHICH WE HAVE DISCUSSED TOGETHER. AGAIN, I HOPE THAT A FURTHER EXAMINATION WILL SERVE TO EXPLAIN SOME PROBLEMS WHICH ARE PERCEIVED IN THESE ·

PROVISIONS

NEW ISSUES

9. WHEN YOU OUTLINED THE CHANGES IN WHAT IS NOW ARTICLE 18 IN DECEMBER LAST, WE HAD SOME DISCUSSION ON QUOTE EMERGENCIES UNQUOTE. WE HAVE DEVELOPED OUR THINKING ON THIS ASPECT SINCE THEN AND I WOULD WELCOME THE OPPORTUNITY TO DISCUSS THIS. AN ADDITIONAL POINT IF TIME ALLOWS WOULD BE THE SIGNIFICANCE OF THE WORD QUOTE DIRECTIVES UNQUOTE ARTICLE 48(8).

AUTHENTIC ENGLISH TEXT

10. AS YOU WILL KNOW, TWO OTHER MATTERS WHICH CONTINUE TO GIVE CONCERN IN HONG KONG ARE THE QUESTION OF AN AUTHENTIC ENGLISH TRANSLATION AND THE ISSUE OF THE RELATIONSHIP OF THE BASIC LAW TO ARTICLE 31 OF THE CONSTITUTION OF THE PRC. WHAT IS IMPORTANT ABOUT THE FORMER IS THAT THERE SHOULD BE SOME DEMONSTRABLE AUTHORITY FOR THE ENGLISH TEXT AND I CAN ONLY REPEAT WHAT I WROTE IN THE MEMORANDUM ACCOMPANYING MY LETTER OF 1 AUGUST 1988:

QUOTE IF THE PRESENT SYSTEM OF LAW IS TO CONTINUE AND THE

ENGLISH LANGUAGE IS TO BE USED IN THE COURTS AND ELSEWHERE FOR OFFICIAL PURPOSES IN ADDITION TO CHINESE, IT IS IMPORTANT THAT THERE SHOULD BE AN AUTHENTIC AND AUTHORITATIVE ENGLISH

TEXT OF THE BASIC LAW AVAILABLE. IT IS NOT NECESSARY THAT

SUCH A TEXT BE ENACTED BY THE NATIONAL PEOPLE'S CONGRESS FOR

IT TO BE AUTHORITATIVE. A POSSIBLE WAY OF PROVIDING SUCH A TEXT WOULD BE FOR THE NATIONAL PEOPLE'S CONGRESS OR THE

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