TNAG-2572-FCO40-3758-Future-of-Hong-Kong-proposed-amendment-to-Crown-Proceedings--1992 — Page 15

MVOJE NURU KURUM.

CUNFIDENTIAL

-

3

-

(iii)

Consult the Chinese early on the adaptation of the

and Crown

on the current Ordinance Proceedings

is

that

it

the avoids

by saves time

risks consulting

of not

once

their

proposal at the same time. The advantage of this option

and consulting instead of twice. However, our current thinking

for discussion about on selecting laws adaptation is to discuss items which are neither This may be too trivial nor controversial first.

Moreover, this difficult an item to begin with. Ordinance would need to be discussed with other instances of laws in which the Crown is referred

this considerations, to.

Given these probably has to be ruled out.

option

Proceed with our proposals without consulting the Chinese before

(iv)

then achieve

the

a

adaptation

better

as object

adaptation, insofar

We could stage. base for subsequent is concerned (a)

The than we have now, while achieving object (b).

of this is that the Chinese will make it the for us

stage. at if option (iii) has to be ruled out, we do not really have much to lose by going down this path.

danger difficult

However,

In

for option

adaptation

all the circumstances, our inclination is to go (iv). I have consulted Doug Martin of the British JLG Office here who agrees that we would do best so proceed : if the Chinese do protest we can argue that is a minor one involving merely where the Crown can be sued, and is not a fundamental change to the system. The Chinese may well seek to make amendments at the stage of adaptation,

we will need to deal with this when it

to the change

but

arises.

It

is

amendments are

perhaps

questionable

whether the proposed so desirable or urgent that they are worth making for the very short space of time in which they will have force. That question is certainly pertinent to the amendment to enable members of the British Forces in Hong Even in Kong to

sue the Crown/UK in the Hong Kong Courts. the

HK residents to sue the

Crown/UK

Hong Kong, there may be very little likelihood

will Chinese

that

case

of

in

the

amendment

·

to

allow

regard existing

practice

as

necessarily binding on them in an area which they will see as touching on the central authorities.

relationship between the SARG and the At this stage, however, subject to

inclined to proceed

we comments,

are

your proposal.

with

the

Yours every

(G.M. Orr )

for Secretary for..Constitutional Affairs

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