TNAG-1892-FCO40-2685-Visits-by-Sir-Geoffrey-Howe-and-by-Douglas-Hurd--Secretaries-1989 — Page 64

NESAAT ( 4 )

II

BASIC LAW

VALUE OF BASIC LAW?

Basic Law of crucial importance to Hong Kong's future for at

least 50 years after 1997. Vital that we get it right.

ARE HMG PRESSING FOR CHANGES TO BASIC LAW?

We are using all appropriate channels open to us to influence

drafting process in ways helpful to Hong Kong.

Raised Basic Law with Chinese Foreign Minister on 30 July and

again on 28 September.

Much in Basic Law which is already entirely satisfactory. But if

it is to command confidence in Hong Kong, must ensure that concerns of Hong Kong people are fully taken into account in final version.

WHAT SPECIFIC ASPECTS OF BASIC LAW HAVE YOU RAISED?

Have emphasised to Chinese areas of particular concern in Hong

Kong, such as section on the political system; Article 18 (declaration of state of emergency); Article 157 (interpretation of Basic Law).

ARTICLE 18 (DECLARATION OF STATE OF EMERGENCY)

Hope that drafters will examine carefully scope for involving Hong Kong in any decision to impose national laws, such as

declaration of state of emergency

ARTICLE 157 (INTERPRETATION OF BASIC LAW)

―

Hope that drafters will consider whether this crucial Article

can be further improved. This would significantly affect the way

in which whole Basic Law is perceived in Hong Kong

But Hong Kong SAR will not be totally independent territory.

There must be some provision for resoving disputes on interpretation

of Basic Law. Would be unrealistic to expect sovereign authority to

divorce itself entirely from that process.