TNAG-1863-FCO40-2643-Future-of-Hong-Kong-Basic-Law-1989 — Page 72

CONFIDENTIAL

141454

MDHO 6871

CENTRAL PEOPLE'S GOVERNMENT TO CAUSE AN ENGLISH LANGUAGE TEXT TO BE PREPARED, AND FOR THE STANDING COMMITTEE OR CENTRAL PEOPLE'S GOVERNMENT TO PROMULGATE IT AS THE AUTHORITATIVE AND AUTHENTIC ENGLISH TEXT. A POSSIBLE DRAFT WOULD BE : QUOTE THE STATE COUNCIL SHALL CAUSE TO BE PREPARED, AND SHALL PUBLISH, A TEXT IN THE ENGLISH LANGUAGE OF THIS LAW (AND OF ANY AMENDMENT OR INTERPRETATION THEREOF BY THE NATIONAL

PEOPLE'S CONGRESS OR THE STANDING COMMITTEE OF THE NATIONAL PEOPLE'S CONGRESS). COPIES OF SUCH A TEXT SHALL BE ACCEPTED

AS AUTHORITATIVE VERSIONS OF THIS LAW FOR ALL PURPOSES IN THE

HONG KONG SPECIAL ADMINISTRATIVE REGION UNQUOTE.

ARTICLE 31 OF THE PRC CONSTITUTION

11. AS REGARDS ARTICLE 31 OF THE PRC CONSTITUTION, THE BRITISH EMBASSY'S NOTE HANDED OVER ON 7 SEPTEMBER MADE ONE SUGGESTION. IT IS UNDERSTOOD THAT OTHERS HAVE BEEN ADVANCED BY THE BUSINESS AND PROFESSIONAL GROUP IN HONG KONG. FOR OUR PART WE REMAIN OF THE VIEW THAT QUOTE THE PROBLEM HERE IS NOT SO MUCH WHETHER ...THE CONCERN THAT HAS BEEN EXPRESSED IS JUSTIFIED. RATHER IT IS A MATTER OF ESTABLISHING WHETHER THERE IS A SUFFICIENTLY AUTHORITATIVE WAY OF DISPELLING IT UNQUOTE. I DO NOT THINK WE WOULD WISH TO EXPRESS A PREFERENCE AS BETWEEN

DIFFERENT WAYS OF ACHIEVING SUCH A RESULT.

STYLE AND TEXTUAL MATTERS

12. IN MY LETTER TO YOU OF 17 NOVEMBER LAST, I INCLUDED A DETAILED LINGUISTIC COMPARISON OF THE ENGLISH TEXT OF THE DRAFT

WITH THE CHINESE TEXT. I ENCLOSE WITH THIS LETTER A SIMILAR COMPARISON AS REGARDS THE FEBRUARY 1989 TEXT. AS WITH ITS PREDECESSOR, THIS IS CONCERNED WITH MATTERS OF STYLE, DRAFTING AND CONSISTENCY AND ALMOST, BUT NOT QUITE, ENTIRELY RELATES TO THE ENGLISH TEXT. IF IT WOULD BE HELPFUL, MR LITTLE WOULD BE HAPPY TO GO OVER THIS PAPER WITH ONE OF YOUR COLLEAGUES. WE ALSO HOPE THAT IT WILL BE OF ASSISTANCE TO YOUR TRANSLATORS.

13. I AM AFRAID THIS IS A RATHER SUBSTANTIAL COLLECTION OF POINTS. HOWEVER, TIME IS RUNNING SHORT IN VIEW OF YOUR TIMETABLE AND I AM CONSCIOUS THAT THE OPPORTUNITIES FOR DISCUSSING WITH YOU OUR CONCERNS ARE LIMITED. I HOPE THAT, WITH OUR COMMON EXPERIENCE OF THE USEFULNESS OF PAST MEETINGS THROUGH THE CONFIDENTIAL CHANNEL, A FURTHER MEETING CAN TAKE PLACE.

HURD

YYYY