TNAG-2778-FCO40-3995-Future-of-Hong-Kong-Basic-Law-1993 — Page 8

Reference

UNCLASSIFIED

authorities and the SAR, some people do not base their discussion on the above principles and policies and the Basic Law. Instead they cast them aside and arbitrarily and stubbbornly apply completely different notions to the relationship between the central authorities and the SAR. In some cases instead of viewing the principles and policies on the Basic Law a as whole, they quote them fragmentarily out of context and interpret them selectively in their judgement of the relationship between the central authorities and the SAR."

5.

I have kept the package on my shelf in RAD. Please let me know if you would like it back. I am copying this to Ms Barrett

who might also be interested.

RF Wye

Far Eastern Section

Research & Analysis Dept OAB 2/125 210 6219/6216

22 February 1993

cc Ms Barrett Legal Advisers.

UNCLASSIFIED

UNCLASSIFIED

CHINESE BOOK ON THE BASIC LAW: SYNOPSIS

1. The introductory chapter (pages 1-37) covers some of the background to the Basic Law. The first section (1-8) deals with

the development of the concept of 'one country, two systems'. This is traced back to a statement by Deng Xiaoping in his address to the US Congress in January 1979: "We no longer use the expression to liberate Taiwan. So long as Taiwan reverts to the motherland, we shall respect the realities and existing systems there." (2) It then goes on in familiar terms to point up the main signposts along the road towards the more fully worked out expression of the policy in the Joint Declaration. The second section (9-15) gives a little of the history, from the Chinese point of view, of the Hong Kong question from 1840 until the signature of the Joint Declaration but concentrating mainly on the period of the negotiations. The third section (15-33) is a quite useful account of the drafting process of the Basic Law. It is very straightforward, contains no analysis, but does point out the main public events during that process. Finally, there is a section (33-37) on the preamble of the Basic Law. The possession of a preamble shows, according to the book, the importance of the Basic Law as only a very few and highly significant Chinese laws have such an element. The author argues that the preamble should, with the expression of the description of historical facts, be viewed as having general legal effect and should be treated as law since although the provisions are not mandatory they are still standards of behaviour which people should follow.

2. The second chapter (38-177) deals with the general principles of the Basic Law, mainly, but not exclusively, to be found in Chapter I of the BL. These are described as being of great significance for the interpretation of the content of the law. It isolates 8 main basic principles (39-45):

i) The Hong Special Administrative Region HKSAR is an

inalienable part of the People's Republic of China.

ii)

iii)

iv)

v)

vi)

vii)

The HKSAR exercises a high degree of autonomy.

The HKSAR shall maintain the previous capitalist system and way of life.

The principle that land and natural resources of the HKSAR should be state property.

Laws previously enforced in Hong Kong shall remain basically unchanged.

The principle that English may also be used as an official language.

The principle that the HKSAR may also use a regional flag and emblem.

UNCLASSIFIED