ARYAIC
CONF IDENTIAL
SECRETARY OF STATE'S BILATERAL WITH THE PRIME MINISTER, 25 JANUARY
HONG KONG:
RECENT MEDIA COVERAGE
Recent negative press comment on Hong Kong (Sunday
Telegraph, Independent, Financial Times, Wall Street Journal) focus
on provisions in latest draft of Basic Law for Hong Kong's future
political system. Reflect concern in Hong Kong that political
model too conservative.
But commentators overlook many significant improvements
made to other parts of the original draft; and fact that present
draft is not last word: still much scope for further changes.
Key improvement to draft:
(a) Relationship between Central People's Government and Hong Kong
SAR: significantly greater autonomy for Hong Kong SAR. Power of
National People's Congress to revoke Hong Kong laws has been
dropped. Scope of its power to return laws for reconsiderastion has been strictly limited. Nationwide laws applicable to Hong Kong are now much more clearly defined and delimited.
(b) Jurisdiction of Hong Kong SAR courts: Courts will now have
jurisdiction over all cases except those constituted by acts of state. This follows the present practice.
(c)
Interpretation of the Basic Law: final power of interpretation
rests with the National People's Congress. But SAR courts will
refer to the NPC only when an interpretation on a provision outside
the SAR's autonomy is required for the judgement to be made.
(a) Human rights: previous draft has been tidied up. Now clearly stated that restrictions of rights and freedoms must not contravene
International Convenants.
(a)
Remaining areas of difficulty:
Economic policy provisions:
these remain in text in terms
which would make them justiciable (ie Hong Kong SAR Government's
autonomy in economic policy matters could be challenged through the
courts.
CONFIDENTIAL
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