TNAG-2079-FCO40-2959-Hong-Kong-press-coverage-and-reports-1990 — Page 210

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MDLIAN

FUTURE POLITICAL DEVELOPMENT

4. CHINESE SOURCES SAID THAT A PROPOSAL BY THE BRITISH TO DISCUSS THE POSSIBILITY OF EXCO RIDING THE THROUGH TRAIN'' TO 1997, REPORTED IN SOME PAPERS, WAS NOT ACCEPTABLE, THE HK ECONOMIC TIMES (8.8) REPORTED IN AN INSIDE-PAGE LEAD. THE SOURCES SAID THAT SUCH AN ARRANGEMENT WAS UNACCEPTABLE BECAUSE IT WAS NOT SPELT OUT IN THE JD AND THE BL. SOURCES CLOSE TO TOP GOVERNMENT OFFICIALS TOLD THE ORIENTAL DAILY NEWS (9.8) THAT THERE WAS A REAL NEED FOR EXCO MEMBERS TO RIDE THE ''THROUGH TRAIN' TO 1997 IN ORDER TO MAINTAIN CONTINUITY. IT WAS EXPECTED THAT THE BRITISH WOULD BRING THE QUESTION UP FOR DISCUSSION WITH THE CHINESE AFTER THE LEGCO ELECTIONS NEXT YEAR. THE SOURCES SAID THAT SINCE DIRECT ELECTIONS WOULD BE INTRODUCED TO LEGCO NEXT YEAR, THE GOVERNMENT WOULD HAVE TO RECONSIDER THE RELATIONSHIP BETWEEN LEGCO AND EXCO. THE SOURCES SAID THAT THE BRITISH SIDE WOULD PROPOSE A DISCUSSION ON THE MATTER AT THE JLG AFTER THE HK GOVERNMENT UNDERSTOOD THE EFFECT OF LEGCO DIRECT ELECTIONS ON THE RELATIONSHIP BETWEEN LEGCO AND EXCO.

BILL OF RIGHTS

5. A LEGAL ADVISER TO AN EXPERT GROUP OF THE CHINESE TEAM ON THE JLG, WU JIANFAN, SAID THAT THE AMENDED VERSION OF THE BILL OF RIGHTS WAS LESS CLEAR-CUT THAN THE ORIGINAL ONE, TIN TIN DAILY NEWS (8.8). HOWEVER, HE NOTED THAT DETAILS OF THE BILL WERE STILL IN CONFLICT WITH THE BL AND THAT CHANGES TO SOME WORDING WOULD NOT SOLVE THE PROBLEM. WRITING IN TA KUNG PAO (9 AND 10.8), TONG YUK-HON SAID THAT THE GOVERNMENT HAD PROVIDED FOR MANY EXCEPTIONS IN THE HK BILL OF RIGHTS BILL, EVEN INCLUDING A PROVISION SAYING THAT IMMIGRATION LEGISLATION WOULD HAVE SUPREMACY OVER THE BILL OF RIGHTS. HOWEVER, IT HAD FAILED TO INCLUDE A PROVISION TO CONFIRM THE SUPREME STATUS OF THE BL, WRITER SAID. THE WRITER CONTENDED THAT IF THE GOVERNMENT WANTED THE BILL OF RIGHTS TO CONTINUE TO BE EFFECTIVE AFTER 1997, IT SHOULD, AS A FIRST STEP, CLEARLY STIPULATE THAT THE BL WAS SUPERIOR TO THE BILL OF RIGHTS.

COURT OF FINAL APPEAL

THE

6. THE MEETINGS OF JLG EXPERTS ON THE SETTING UP OF THE FINAL COURT OF APPEAL IN THE TERRITORY RECEIVED ROUTINE MEDIA COVERAGE (10-11.8) BOTH CHINESE AND BRITISH EXPERTS REPORTED PROGRESS AT THE END OF THE CURRENT ROUND OF MEETINGS, THE MEDIA (11.8) REPORTED. A BRITISH SOURCE SAID BOTH SIDES FAILED TO ARRIVE AT A CONSENSUS ON THE TIMING AND SITE FOR THE CFA. HE EXPECTED THAT

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