TNAG-2103-FCO40-2995-Future-of-Hong-Kong-exchanges-with-the-Chinese-on-the-Basic--1990 — Page 73

CONFIDENTIAL

Analysis of Issues in

Latest Draft of the Basic Law

Part A: Unsatisfactory Issues

Articles 2 and 12

Issue

KC012/3

HKC012/3

RECEIVED IN REGISTRY

12 MAR 1990

DESK OFFICE.

REGISTRY

DEX

PA

Action Taken

機密

44

: Art. 2 of Feb 1989 draft BL provides that :-

the

HK

and

SAR

to

authorises NPC The exercise a high degree of autonomy and enjoy executive, legislative independent judicial power, including

that of final adjudication, accordance with the

Law."

in

provisions of this

Art. 12 of the same draft provides that :

In

"The

be

a

local

HK SAR shall administrative region of the PRC, which shall enjoy a high degree of autonomy and come directly under the CPG."

these draft provisions and throughout the BL, the SAR'S autonomy is not defined the way it is in JD 8, which provides that :-

"The HK SAR will enjoy a high degree of autonomy, except in foreign and defence affairs which are the responsibilities

of the CPG."

BL

The

therefore falls leaves it unclear the SAR's autonomy.

as

We

letter

of

6/12/89,

short of JD 8, and to the exact scope of

drew the point Fifoot/Shao letter

of

and

to Chinese attention in and S of S's 9/11/89

to amend proposed

either of the articles by inserting the words "except inforeign and defence affairs".

proposal was not taken up.

The

one of these policies,

Public Line: The

Preamble

policies"

refers elaborated in

to

the

PRC's

"basic

the JD. JD 8 gives under which the SAR

in

the

BL does

not

spell

"will enjoy a high degree of autonomy, except

and defence affairs foreign

Also,

out

although specifically the scope of the SAR's autonomy, it does say that the CPG's responsibility are in defence, foreign affairs and matters such the appointments of the CE and principal officials. The SAR's autonomy should only be extent of those restricted

vested in the

as

to

the

responsibilites specifically

CPG.

CONFIDENTIAL ##