Miss Grier
HKD
WH 305
FROM:
PAUL FIFOOT
DATE:
6 JUNE 1988
BIRTH,
MARRIAGE AND DEATH CERTIFICATES
/latter
1. There are both SAR and UK aspects to this subject.
2.
As regards the former, JD 51 and Article 9 of the Basic Law provide for the continuation of the use of English. In this connection, incidentally, the Basic Law is less comprehensive than the Joint Declaration since, the / refers to the use of English in the "organs of Government" but the former refers to its use by "the executive authorities"; "executive authorities" is defined in Article 59 as "the Government" of the SAR which could well be a more restrictive term than the organs of Government. That is a point we will need to take up with the Chinese yet again before the Basic Law goes firm.
3. Internally, it may well be a question as to how far English is used. Mr Ying's suggestion of adding the point to "the check list" seems a prudent step, but I would suggest that a reference to language should be added.
I tend to agree with him that this is not a matter for a JLG.
4. So far as UK (and international) aspects are concerned, this is just one small item in a number of issues which we will need to take up with the Hong Kong authorities, and in some cases the Chinese authorities, with regard to the continuation as between Hong Kong and the United Kingdom of various mutual advantageous procedures which exist because of the relationship between this country and Hong Kong and our two laws. It would be well worth making a note on Mr Steel's minute (which should be in a file marked for BU on 1 January every year) that in addition to legal procedures and arrangements, we should also take up administrative matters of the nature raised by Mr Leicester's letter.
of
Paul Fifoot
Legal Advisers K 199
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