TNAG-2490-FCO40-3622-Future-of-Hong-Kong-Basic-Law-1992 — Page 159

CODE 18.77

HKC 012/1

Yo Mark 4.

Mr

Cox

Melphi: Hanks it wa

9/6

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Do Ricketts

Reference

So Seaton, FED glove

/ Wye, RAD

Miss Brooks, Legal Ad Ms Barnett, Legal Ad

A useful fost lisk. I think they cd also reduce heglo powers. But

not do much for their public

image.

More

4/vi

AMENDMENT OF THE BASKC LAW

25

X

1. In your minute of 28 Máy to Miss Brooks (Legal Advisers), you asked me to think of ways in which the Chinese might be tempted to amend the Basic Law (BL) in ways hostile to our objectives or interests.

2. I have concentrated only on those areas of the BL which, were the Chinese to amend it, they would not bring themselves into conflict with the JD. Of course, were the Chinese to amend the BL in a way incompatible with the JD this would be a breach of their obligations under the JD for which we could hold them accountable in international law. But, the likelihood of the Chinese accepting any machinery to determine such an issue is remote.

(+ Leglo)

(a) Article 18 (para 4): the Chinese could must be met for withdraw the conditions which would enable them to declare a state of emergency in which case the (and/or for the Central People's Government (CPG) may issue an order applying the relevant national laws in the SAR;

(b) Article 22 (para 5): the Chinese could remove the condition for approval for Chinese from other provinces to enter the HKSAR and that the number of persons who enter the SAR for the purposes of settlement shall be determined

(c) Article 24 (4): Mr Fifoot pointed out in his

minute of 18 April 1990 to Ms Major (HKD) that this Article (the nationality provision) is positive rather then negative. The Chinese could, however, redraft it in a more negative way;

flar

(d) Article 68: the Chinese could withdraw the provision that the ultimate aim is for the election of all, the members of LegCo should be by universal sufferage,

sufferage;

(e) Article 101: the Chinese could extend the list of public servants who have to be Chinese citizens anong permanent residents of the SAR;

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