TNAG-1898-FCO40-2693-Proposed-exchange-programme-between-the-Attorney-General-s-C-1989 — Page 4

CONFIDENTIAL

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

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OF 30044OZ OCTOBER 89

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INFO PRIORITY PEKING, UKREP JLG HONG KONG

124064 MDLIAN 2124

LEGISLATIVE BUREAU OF THE STATE COUNCIL (LB):

PROPOSED EXCHANGE PROGRAMME

1. DURING A VISIT BY OUR LEGAL CONSULTANT (KELLER) TO BEIJING IN AUG, HUANG SHUHAI, THE DEPUTY DIRECTOR GENERAL OF LB PROPOSED THAT AN INFORMATION EXCHANGE PROGRAMME WITH THE LAW DRAFTING DIVISION OF THE AGC BE ESTABLISHED. WE UNDERSTAND THAT WHAT THE LB ENVISAGES IS AN ONGOING EXCHANGE OF INFORMATION/MATERIAL AND DELEGATIONS BETWEEN

LAWYERS OF THE LB AND THE AGC, FOCUSING ON LAW-DRAFTING AND LAW-MAKING. THE LB CONSIDERS THAT THE PROPOSED PROGRAMME, AS SUCH, SHOULD BE ESTABLISHED ON A DIRECT CHANNEL BETWEEN THE LB AND AGC AND BE SEGREGATED FROM THE EXISTING LEGAL STUDY VISIT PROGRAMME SINCE

THE LATTER IS DIRECTED TOWARDS THE GENERAL FAMILIARISATION OF THE

TWO LEGAL SYSTEMS.

2. THE LB ASSISTS THE STATE COUNCIL IN CARRYING OUT ITS LEGISLATIVE

RESPONSIBILITIES AND PLAYS AN IMPORTANT ROLE IN ADMINISTERING THE CENTRAL GOVERNMENT'S LEGISLATIVE PROGRAMME. BEING AN EXTREMELY IMPORTANT LEGAL INSTITUTION, ITS WORK IS DIRECTLY RELEVANT TO OUR EFFORTS TO IMPROVE OUR UNDERSTANDING OF THE CHINESE LAW MAKING PROCESS, THEIR LEGISLATIVE PROGRAMME, LEGAL STRUCTURE AND LEGAL POLICIES. THE PROPOSED PROGRAMME MAY ALSO PROVIDE US WITH

OPPORTUNITIES TO INFLUENCE THE DRAFTING OF MAINLAND LEGISLATION

RELEVANT TO HK. WE THEREFORE CONSIDER IT ADVISABLE TO ACCEPT THE

PROPOSAL.

3. HOWEVER, WE ARE SLIGHTLY CONCERNED ABOUT THE MFA'S SENSITIVITIES AND WONDER IF THE MFA IS FULLY AWARE OF THE LB'S APPROACH AND WHETHER IT WOULD HAVE ANY OBJECTION TO THE LB ENGAGING IN DIRECT CORRESPONDENCE WITH THE AGC. SUBJECT TO YOUR VIEWS, WE SUGGEST PEKING INFORM THE MFA OF THE LB'S PROPOSAL AND OF OUR INTENTION TO ACCEPT IT IN PRINCIPLE (MISS BAILES WAS INVOLVED IN THE DISCUSSIONS WHEN THE PROPOSAL WAS RAISED IN PEKING). SHOULD THE CHINESE RAISE NO OBJECTION, WE WOULD THEN DECIDE, IN SLOWER TIME, HOW TO RESPOND TO THE LB AND TO DRAW UP DETAILS OF THE PROGRAMME.

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