TNAG-2990-FCO40-3574-Future-of-Hong-Kong-constitutional-development-talks-betwee-1992 — Page 89

UNCLASSIFIED

UNCLASSIFIED

FM PEKING

TO IMMEDIATE FCO

TELNO 1473

OF 240529Z OCTOBER 92

INFO IMMEDIATE HONG KONG, UKREP JLG HONG KONG

R Chane

-Angle

166113 MDHIAN 4771

GOVERNOR'S VISIT TO PEKING: REPORTS OF LU PING'S COMMENTS IN LOCAL PRESS

1. PEOPLE'S DAILY AND CHINA DAILY OF 24 OCTOBER BOTH CARRY FRONT PAGE REPORTS OF LU PING'S PRESS CONFERENCE ON 23 OCTOBER. THE REPORTS ARE BEING SENT TO ALL ADDRESSEES BY FAX. THE LANGUAGE IN THE PEOPLE'S DAILY REPORT IS MUCH CLEARER AND UNCOMPROMISING THAN THAT IN THE CHINA DAILY. THE HEADLINE IS CLU PING) HOPES MR PATTEN WILL RETURN TO THE TRACK OF THE BASIC LAW''. THE FOLLOWING IS A ROUGH TRANSLATION OF THE PEOPLE'S DAILY REPORT.

''

2. LU BEGAN BY STATING THAT THE PLAN WHICH MR PATTEN HAD ''INVENTED'' CAST ASIDE THE BL, THE JD AND THE UNDERSTANDINGS REACHED BY THE TWO SIDES IN THE PAST. COOPERATION SHOULD BE ALL ROUND. THE CHINESE SIDE DID NOT WANT TO SEE FAILURE TO REACH AGREEMENT ON THE POLITICAL ASPECTS AFFECT COOPERATION IN OTHER AREAS, BUT THEY WERE WORRIED THAT SUCH A SITUATION COULD ARISE WHICH WOULD NOT BE THE FAULT OF THE CHINESE SIDE. CONVERGENCE WITH THE BASIC LAW SHOULD BE COMPLETE AND INCLUDE THE LEGISLATIVE, EXECUTIVE AND JUDICIAL ASPECTS. IT WAS VERY DIFFICULT TO IMAGINE HOW THE EXECUTIVE AND JUDICIAL ORGANS COULD CONVERGE IF THE LEGISLATURE DID NOT.

3. MR PATTEN'S PROPOSALS FOR THE 1995 ELECTIONS WERE NOT CONSISTENT WITH THE BASIC LAW. LU HAD POINTED THIS OUT TO MR PATTEN DURING THE TALKS BUT MR PATTEN HAD PERSISTED IN SAYING THAT HIS 'PROPOSALS' WERE CONSISTENT WITH THE BASIC LAW. LU POINTED OUT THAT THE RIGHT TO INTERPRET THE BASIC LAW LAY WITH THE NATIONAL PEOPLE'S CONGRESS. THE BRITISH SIDE HAD NO RIGHT TO INTERPRET IT, AND MR PATTEN HAD EVEN LESS.

4. THE CHINESE SIDE HOPED THAT MR PATTEN WOULD CAREFULLY CONSIDER THE CHINESE SIDE'S IDEAS AND RETURN TO THE TRACK OF THE BASIC LAW. IF HE ENTIRELY (REFUSED TO) CONSIDER THE CHINESE SIDE'S IDEAS THEN WHEN THE TIME CAME THE CHINESE SIDE WOULD CONSTITUTE THE HKSAR LEGCO, THE FIRST GOVERNMENT OF THE HKSAR AND ITS JUDICIAL

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