TNAG-2329-FCO40-3373-Hong-Kong-contacts-with-academics-and-writers-1991 — Page 15

1.3.

1.4.

turmoil some people raised the banner of 'independence of the judiciary'. In fact this was preaching the capitalist 'division of powers' and opposing the leadership of the Communist Party over judicial work, which must be resolutely resisted and refuted."'

Concepts such as "independence of the judiciary" and "division of powers" will figure prominently in discussions designed to enhance mutual understanding, for they represent core values in western societies. The former is absolutely part of the Hong Kong system; the latter applies in a more limited, but important, way. Mr. Yue and I discussed also areas of human rights and the concept of non-interference in internal affairs. I would like shortly to write to Beijing with a proposal; and I look forward to returning there in due course for the next stage of the work.

One reason why I believe it is possible to discuss otherwise sensitive matters with people from the PRC is that the Secretary-General himself agreed that we had a relationship which enabled us to do this. Also, I believe that what is necessary has to be made possible, and such relations are in Hong Kong and British interests. Seeking to build on the relationship is now a major task. Another matter relevant in this context is that in April 1990, there was a legal conference in Beijing which "called upon all countries to accede to the international human rights instruments and ensure through national legislation, respect to every individual's fundamental human rights and freedoms. I would like to see if there is an appropriate way to follow up on that proposition too. However, even with the Secretary-General's agreement that our dialogue can "cover everything", the planning for this particular project needs to be done very carefully, with items described in terms which, given political sensitivities, are not provocative. It is necessary, too, to avoid confusion over the various limbs of the project, and how they may, or may not, mesh together.

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There are substantial differences between Hong Kong and the PRC in the areas of law and administration to be covered in the project, and after 1997 this will have practical implications for lawyers and administrators in the PRC and in Hong Kong respectively. Many of these issues are referred to in this paper. Some relevant points are as

follows:-

a) Under the Basic Law for the Hong Kong Special Administrative

Region, where the Hong Kong courts have to interpret provisions concerning the relationship between Beijing and Hong Kong, local judges will have to seek in certain circumstances an interpretation of law from the Standing Committee of the NPC in Beijing. Law to be applied in Hong Kong, to put it shortly, will be interpreted by politicians in Beijing, and the courts in Hong Kong will be bound to follow those rulings. There have been many complaints about this, but the principle has been enacted.

I