TNAG-2168-FCO40-3105-House-of-Commons-Foreign-Affairs-Committee-inquiry-into-Hong-1990 — Page 260

CONFIDENTIAL

POSSIBLE OUTLINE OF REPLY TO THE FOREIGN AFFAIRS COMMITTEE REPORT ON

HONG KONG

The Government made their initial observations on the FAC report

(( C 927 in December 1989. 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 Secretary of State 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 which were left outstanding in our earlier reply, nome.

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THE JOINT DECLARATION AND THE BASIC LAW

Consistency between Basic Law and Joint Declaration

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Have noted the Committee's comments that Basic Law should be "son"

of JD rather than of the Chinese constitution (paragraph 2.7). Our

concern throughout the drafting process has of course been to ensure that the Basic Law is consistent with the provisions of the JD. On

the whole we consider Basic Law to be an acceptable reflection of JD, although there are inevitably some provisions which we would have preferred to have seen drafted differently. But the provisions of the JD itself stated that Hong Kong would be established as a Special Administrative Region in accordance with Article 31 of the PRC constitution and that the PRC would give effect to the policies

set out in the JD by a law of the NPC.

Article 157

Have noted Committee's views about the need for a Joint

Constitutional Court to interpret Hong Kong laws (paragraph 2.8).

This idea was indeed canvassed but did not find favour with the

Basic Law Drafting Committee. However, the NPC is obliged to consult the Hong Kong SAR's Basic Law Committee before interpreting or amending the Basic Law. Half the members of this Committee will

come from Hong Kong. Final version of the Basic Law has gone a considerable way towards conferring judicial power of interpretation

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