TNAG-2739-FCO40-3953-Future-of-Hong-Kong-constitutional-development--through-tra-1993 — Page 32

HED TV NOV 23 17:14

P6.03

first draft, by reordering this sentence so that Legco members would swear to support the PRC's resumption of the exercise of sovereignty over HK, the principle of "one country, two systems" and the other established basic policies of the PRC regarding IIK; then adding (perhaps after a semi-colon) "I will not engage in activities aimed at undermining these policies",

(9) In referring to the PRC's established basic policies I do not see why our draft should not mention the JD explicitly: this is taking self-censorship a bit far.

(h) The formula "dedicate myself to ensuring" sounds rather odd. Why not just "work for"? (If the Chinese push the "love the country and love HK" point, perhaps at a later stage one could consider adding something here about working also for the well-being of the Chinese people?)

3.

A more substantive point, with a definite Peking angle, arises with the sentence about overthrowing the CPG. I wonder whether we need to volunteer this in our first draft? We could argue (as in effect Jiang Enzhu did) that the concept is implicit within support for the BL and one-country, two-systems principle. If we do volunteer this, Jiang is likely to go back to his notes and ask why we have omitted his second point, ie about activities aimed at undermining the socialist system on the mainland (or, according to Y s chiu's notes, changing the mainland's socialism): we surely do not want to give him an easy opening to demand the inclusion of this.

4.

If we do have to include the sentence I wonder if it could be made to look less stark in one or more of the following ways:

(a) if the reference was to the unlawful or unconstitutional overthrow or subversion of the CPG;

(b) if it were balanced with something similar about activities aimed at (or whose objective is - the present draft has both aim and objective!) the unlawful over-throw of the SARG; or

(c) if members were simply to swear to observe (the laws of the HKSAR, including] such laws as might be enacted by the SAR in accordance with Article 23 of the BL ?

Your ever.

Nigel.

N J COX

CC

Peter Lai Esq,

Deputy Secretary for Constitutional Affairs, Hong Kong

SECRET