CONFIDENTIAL
156705
MDHOAN 6507
CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 736
OF 04190OZ APRIL 90
+KCO12/2
RECEIVED IN REGISTRY.
6 APR 1990
DESK OF
INDEX
INFO IMMEDIATE PEKING, UKREP
Ion Texan
JLG HONG KONG
TOP COPY
Q
DIST?
YOUR TELNO 1123: BASIC LAW: PROVISIONAL TRANSLATION
पिडाम
BL
1. WE ARE GRATEFUL FOR THIS COMPARISON. WE HAVE IDENTIFIED SOME FURTHER CHANGES IN THE PROVISIONAL TRANSLATION, SOME OF WHICH ARE STYLISTIC BUT SOME OF WHICH MAY BE POINTS OF SUBSTANCE.
2. THE MOST SIGNIFICANT CHANGE IS IN ARTICLE 64. THE PROVISIONAL TEXT OMITS THE WORDS QUOTE IN THE FOLLOWING RESPECTS UNQUOTE AND STARTS A NEW SENTENCE AFTER THE COLON IN WHICH EACH OF THE FOUR ELEMENTS ARE CAPABLE OF STANDING ON THEIR OWN. THE ARTICLE CAN NOW BE READ AS THOUGH IT PROVIDES THAT THE EXECUTIVE IS ACCOUNTABLE TO THE LEGISLATURE WITHOUT ANY QUALIFICATION AND IN ADDITION RESPONSIBLE FOR CERTAIN OTHER MATTERS. THIS IS A CONSIDERABLE CHANGE, BUT WE WILL NEED TO CHECK THE CHINESE TEXT TO SEE WHETHER WE CAN GIVE IT THIS SIGNIFICANCE.
3. THE ARTICLE 17 TEXT NOW PROVIDES THAT THE RETURN OF A LAW BY THE STANDING COMMITTEE TO LEGCO SHALL QUOTE INVALIDATE UNQUOTE IT RATHER THAN CAUSE IT TO CEASE TO HAVE EFFECT. THERE MAY BE LITTLE DIFFERENCE IN SUBSTANCE BUT YOU MAY FEEL THIS IS A CHANGE FROM SUSPENSION OF AN SAR LAW TO ITS EFFECTIVE REPEAL.
4. ARTICLE 18 HAS ADDED THE WORDS QUOTE BY THE REGION UNQUOTE WHICH MIGHT ASSIST US IN FURTHER CONSIDERATION WITH THE CHINESE OF THE POSSIBILITY OF VARYING APPLIED NATIONAL LAWS TO GIVE EFFECT TO SPECIAL CIRCUMSTANCES IN THE SAR.
5. ARTICLE 48: HERE AND ELSEWHERE THE WORD QUOTE BUDGET UNQUOTE HAS REPLACED QUOTE APPROPRIATION UNQUOTE. THIS IS TECHNICALLY
INCORRECT.
6. THE NEW ARTICLE 104, CONCERNING SWEARING IN, MAY ALSO GIVE US PROBLEMS ESPECIALLY IF IT IS INTENDED TO COVER JUDGES FROM ABROAD WHO ARE INVITED TO SIT ON THE COURT OF FINAL APPEAL.
7. CLEARLY WE SHALL NEED TO CHECK THE TEXT CAREFULLY WHEN WE
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