TNAG-2103-FCO40-2995-Future-of-Hong-Kong-exchanges-with-the-Chinese-on-the-Basic--1990 — Page 9

48.

cultades

2

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 1267

OF 17050OZ APRIL 90

CONFIDENTIAL

HKCD12/3

INFO IMMEDIATE PEKING

23 APR 1999

ре

O HONG KONG

·21) HKC031

031/13

FOR HKD

نعم

YOUR TELNO 16: JLG XV AGENDA AND TACTICS: BASIC LAW

74

006145

MDHIAN 7075

JZG XV

BL: exchanges with

Chinese.

Tel. kr 1814.

1. WE AGREE WITH PARA 2(C) OF TUR THAT WE SHOULD PRESERVE OUR LOCUS ON THE BASIC LAW BY RAISING WITH THE CHINESE THOSE POINTS OF CONSISTENCY WHICH CAUSE US REAL CONCERN.

89?

2. THE SECRETARY OF STATE'S LETTER OF 7 DECEMBER TO QIAN LISTED THESE POINTS AND THEY WERE RAISED BY GALSWORTHY WITH KE ON 11 JANUARY. THEY INCLUDE ARTICLES 2, 12, 24 (4), 64, 90, 107 AND 108 (NEW NUMBERING). WE NEED TO CONSIDER WHICH IF ANY OF THE ABOVE POINTS NEED TO BE RESTATED AT JLG XV, AND WHETHER ANY NEW POINTS SHOULD BE RAISED, IN LIGHT OF THE LATEST ENGLISH AND CHINESE TEXTS OF THE BASIC LAW.

3. WE AND UKREP JLG HAVE CONCLUDED THAT THERE IS LITTLE TO BE GAINED BY REITERATING AT JLG XV ALL THE CONSISTENCY POINTS RAISED PREVIOUSLY WITH THE CHINESE. THERE ARE NO PROSPECTS OF SECURING IMPROVEMENTS IN THE TEXTS, AT LEAST IN THE SHORT TERM. WE BELIEVE HOWEVER THAT WE SHOULD PUT DOWN A MARKER TO THE EFFECT THAT WE HAVE INDICATED THESE POINTS IN THE SECRETARY OF STATE'S LETTER TO QIAN. WE SHOULD THEN REFER SPECIFICALLY ONLY TO THOSE TWO ARTICLES WHICH CAUSE US REAL PRACTICAL DIFFICULTIES: THESE ARE ARTICLES 24(4) AND TO A LESSER EXTENT ARTICLE 107, AS PEKING HAVE INDICATED IN THEIR LAST DEMARCHE.

4. AS TO NEW POINTS WE BELIEVE THAT ARTICLE 104 (PARA 6 OF YOUR TELNO 736) SHOULD ALSO BE RAISED. THE ARTICLE APPEARS INCONSISTENT WITH JD 68 AND INDEED ARTICLE 82 OF THE BL. IT MAY ALSO BE INCONSISTENT WITH JD 64 AND ARTICLE 92. JD 64 PROVIDES THAT JUDGES MAY BE RECRUITED FROM OTHER COMMON LAW JURISDICTIONS. AS A RESULT OF THE AMENDED ARTICLE 104, AND DEPENDING ON THE FORM THAT THE OATH WOULD TAKE, THERE MAY BE REAL PROBLEMS IN RETAINING SERVING EXPATRIATE JUDGES AND IN RECRUITING NEW JUDGES FROM OTHER COMMON LAW JURISDICTIONS, BECAUSE THEY MIGHT NOT BE ABLE TO STEER

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CONFIDENTIAL