TNAG-2103-FCO40-2995-Future-of-Hong-Kong-exchanges-with-the-Chinese-on-the-Basic--1990 — Page 89

CONFIDENTIAL

FM PEKING

TO IMMEDIATE FCO

TELNO 313

OF 280803Z FEBRUARY 90

CONFIDENTIAL

HKC012 13

RECEIVED IN REGISTRY

=1 MAR 1990

OFFICER

PA

INFO PRIORITY HONG KONG, UKREP JLG HONG KONG

REGISTRY

Action Taken

010260

MDHIAN 8900

COPY DIST ?

42

HONG KONG TELNO 740 ́ ́: BASIC LAW: FURTHER ACTION: NPC REVOLUTION ON VALIDITY OF BL.

1 IF WE ARE TO RAISE THE ADDITIONAL POINT IN TUR WITH THE CHINESE IN OUR DEMARCHE ON ARTICLES 24(4) AND 106, GRATEFUL IF IT COULD ALSO BE COVERED IN THE CHINESE TRANSLATION WHICH HONG KONG ARE

PREPARING.

2. WE SUGGEST THAT THE DRAFT SPEAKING NOTE IN TUR MIGHT BE RECAST

AS FOLLOWS :

''ANOTHER OUTSTANDING ISSUE IS THE QUESTION OF THE VALIDITY OF THE BASIC LAW WHEN SET AGAINST CERTAIN PROVISIONS OF THE CONSTITUTION OF THE PEOPLE'S REPUBLIC OF CHINA. IN PARAGRAPH 7 OF OUR NOTE ON THE DRAFT BASIC LAW HANDED TO FOREIGN MINISTER QIAN QICHEN BY SIR ALAN DONALD ON 7 DECEMBER 1989, WE EXPRESSED THE HOPE THAT THE CHINESE SIDE WOULD TAKE APPROPRIATE STEPS TO REMOVE ANY SUCH

APPREHENSION.

THE QUESTION OF THE VALIDITY OF THE BASIC LAW IS ONE OF GREAT IMPORTANCE. IT WOULD BE VERY HELPFUL IF THE CHINESE SIDE COULD CONSIDER THIS POINT AND CLARIFY THE RELATIONSHIP BETWEEN THE BASIC LAW AND THE PRC CONSTITUTION BY AUTHORITATIVE MEANS WHEN THE BASIC LAW IS PROMULGATED''.

DONALD

YYYY

PAGE 1 CONFIDENTIAL