TNAG-2168-FCO40-3105-House-of-Commons-Foreign-Affairs-Committee-inquiry-into-Hong-1990 — Page 245

CONFIDENTIAL

056273 MDHOAN 8087

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 897

OF 02160OZ MAY 90

нко

011/1

STRY

AND TO IMMEDIATE PEKING, UKREP JLG HONG KONG ABROYONG KONG

DESK OFFICER

INDEX

PA

REGISTRY Action Taken

SECTION 1 OF 4

MIPT: FAC REPORT ON HONG KONG

REPLY TO THE FOREIGN AFFAIRS COMMITTEE REPORT ON HONG KONG 1. THE GOVERNMENT MADE THEIR INITIAL OBSERVATIONS ON THE FAC REPORT IN DECEMBER 1989 (CM 927). THERE WERE A NUMBER OF RECOMMENDATIONS IN THE COMMITTEE'S REPORT WHICH OUR REPLY COULD NOT COVER BECAUSE DECISIONS HAD NOT BEEN TAKEN AT THAT TIME ON NATIONALITY OR CONSTITUTIONAL DEVELOPMENT. THE FOREIGN AND COMMONWEALTH SUBSEQUENTLY ANNOUNCED DECISIONS ON THESE MATTERS ON 20 DECEMBER 1989 AND 16 FEBRUARY 1990 RESPECTIVELY. THIS PAPER CONTAINS THE GOVERNMENT'S OBSERVATIONS ON THOSE POINTS IN THE COMMITTEE'S REPORT WHICH WERE LEFT OUTSTANDING IN OUR EARLIER REPLY, NAMELY:

(I) THE JOINT DECLARATION AND THE BASIC LAW:

(II) ACTIONS WITHIN HONG KONG (CONSTITUTIONAL DEVELOPMENT):

(III) BRITISH POLICY AND ACTIONS (NATIONALITY):

(IV) VIETNAMESE BOAT PEOPLE.

THE JOINT DECLARATION AND THE BASIC LAW

RELATIONSHIP BETWEEN THE BASIC LAW AND THE JOINT DECLARATION

2.

THE GOVERNMENT HAVE NOTED THE COMMITTEE'S COMMENTS THAT THE BASIC LAW SHOULD BE THE 'SON' OF THE JOINT DECLARATION RATHER THAN OF THE CHINESE CONSTITUTION (PARAGRAPH 2.7). AS THE COMMITTEE RECOGNISES, THE BASIC LAW IS A LAW OF THE PEOPLE'S REPUBLIC OF CHINA. SPECIFIC PROVISION FOR SUCH A LAW TO BE ENACTED BY THE NATIONAL PEOPLE'S CONGRESS IS MADE IN ARTICLE 31 OF THE CHINESE CONSTITUTION. HOWEVER THE PROVISIONS OF THE BASIC

LAW ARE ALSO CLEARLY DERIVED FROM THE JOINT DECLARATION. THE JOINT DECLARATION PROVIDES THAT THE BASIC POLICIES OF THE

PEOPLE'S REPUBLIC OF CHINA REGARDING HONG KONG AS STATED IN THE

JOINT DECLARATION WILL BE STIPULATED IN THE BASIC LAW. THE PREAMBLE TO THE BASIC LAW (WHICH WAS ADOPTED BY THE NATIONAL PEOPLE'S CONGRESS ON 4 APRIL 1990 AND PROMULGATED ON THE SAME DAY) IN TURN STATES THAT THE BASIC POLICIES OF THE PEOPLE'S REPUBLIC OF CHINA REGARDING HONG KONG HAVE BEEN ELABORATED IN THE JOINT DECLARATION

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