TNAG-2733-FCO40-3939-Future-of-Hong-Kong-constitutional-development-1993 — Page 28

sppech.min CODE 18-77

Reference.....

fr Consht

SECRET

вира

(Sem)

Mr Ricketts

GOVERNOR'S LEGCO ADDRESS

1. I have the following comments on the Governor's Address:

- Civil Service Pensions. I wonder whether the Chinese will appreciate the reference to 'exploring its views'. Could we not say discussing?. We should definitely forewarn Lu Ping.

There

Nationality provision. The formulation of the Governor seems to me to be consistent with the Basic Law. I am not aware ( nor does the file show) that we had a more restrictive definition of what posts were affected. has been a question of whether the right of abode wording was consistent with the JD. Hong Kong took the view that it did, and although Miss Brooks was reluctant we told Baroness Dunn that 'we do not accept that they amount to a breach of the Joint Declaration'. The exchange of letters in 1991 only referred to the nationality rule for LegCo.

-JLG work. I suggest adding a new paragraph 149A To read: " If the JLG is not able to complete its work then we must be clear about the consequences of this. For example if the JLG is not able to agree a comprehensive network of Investment Protection and Promotion treaties and as a result Hong Kong becomes a less favourable site for foreign investment, or our own investment overseas is not protected,

It will not affect the UK's then we will be the only losers. interests if Hong Kong people do not have their marriages or

Or Hong Kong divorces recognised overseas after 1997. businessmen cannot have judgements made in Hong Kong courts

I do not want to be enforced against their debtors overseas.

a scaremonger. But we, and indirectly China will be the losers if this work is not completed. It can be completed, it needs to be completed, and we should all be doing all that we can to ensure that it is."

RA5R1

RAJ Bunten

28 September 1993

cc: Mr Morris

Miss Saunders

Mr Whitney

SECRET

1