TNAG-2289-FCO40-3293-Future-of-Hong-Kong-Basic-Law-1991 — Page 60

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[BXC012/3

Redacted under FOI exemptions 27(1), 40(2) and 41.

TZ SEP 1991

Pa

M

"fix

FROM: Miss S Brooks

Legal Counsellor

K199

270 3069

DATE: 10 September 1991

(See pp in Future

Sechon BL 107)

M

Mr

HKD

JOINT DECLARATION: ALLEGED BREACH (BASIC LAW)

1.

I agree with

that BL61 and BL101 go beyond JD74 in that JD74 contains no proviso that the Chinese citizens, permanent residents of the HKSAR, who will fill the key posts referred to in JD74 may not have right of abode in any foreign country. Likewise, JD49 contains no proviso similar to the first sentence of BL67 and JD63-65 equally contain no qualification similar to BL90, 1st paragraph.

2.

❤

I was not involved with the Hong Kong Government and UK Government scrutiny of the Basic Law while it was still in draft. Presumably it was decided for political reasons not to object to the provisions in the draft Basic Law referred to in paragraph 1 above. Research into the relevant files of that period may reveal the reason for no objection. I do not know what locus the two Governments considered they had for making objections to points in the draft Basic Law although I believe objections were made. If the two Governments could have objected to the offending provisions in BL61, 67, 90 and 101 but did not do so, they can be taken to have accepted those provisions. *

3.

The Basic Law was adopted by the NPC and promulgated by Yang Shangkun almost eighteen months ago. It seems far too late to object now and indeed highly undesirable to do so in that, if it were amended, even worse provisions may creep in. Nor can I imagine that the Chinese would agree to amend it.

4. I have not looked to see what other BL provisions fall outside the equivalent Joint Declaration provisions. not relevant to the reply to

This is and, for the reasons I give in paragraphs 2 and 3 above, perhaps not a useful exercise.

И

Shelagh Brooks,

S Brooks

craft reply that

we did

m

* I see from

your object to the chinese but for penitical reasons hot press the point. Your craft reply with

amendments

fact and

my

Is

enclosed

with this iirmte.

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