Mr Williamson HK&GD
SECRET
Reference
Der Rones
CHINESE REPRESENTATION IN HONG KONG
1.
NIR
Please refer to my minute of 19 June and enclosed notes. There is a further small point which might be added.
2.
The treaty for the relinquishment of extra-territorial rights in China, signed between Britain and China on 11 January 1943, at article 7 provided for the consular officers of one party to be permitted to reside "in such ports, places and cities of the territories" of the other party "as may be agreed upon" and to carry out a range of duties. From a British point of view, territories could be construed to include Hong Kong.
3. I do not think we know the present Chinese Government's atti- tude towards the 1943 treaty. However, it is most unlikely that the new Communist regime in 1949 would have decided to repudiate this treaty, even though it might have been dissatisfied with some of the details. The Chinese, both Nationalists before 1949 and Communists thereafter, have shied away from the term "consular officers" in connection with Hong Kong, given the implied recogni- tion in those words that Hong Kong might be regarded as foreign, non-Chinese territory. So far as I know, China, neither in 1945 nor at any later date, has referred to the particular provision in the 1943 treaty for the reciprocal placing of consular officers.
LL Nonetheless, the 1943 treaty, though concluded with a govern- ment which HMG no longer recognises and which the Chinese Communist government has always denounced, may well have been among those treaties accepted by the new Chinese government in 1949. China has not yet suggested that the article on the exchange of consular officers be acted upon, but could presumably do so. Within the context of Hong Kong, China might just feel that the article in question strengthened its case for an official representative in the Crown colony, even though it did not want to appoint a consul.
5. The above rather tortuous arguments may have already presented themselves to you and been dismissed; and this is an area in which the Legal Advisers may have something to say. However, for the sake of completeness, I have added this reference to the 1943 treaty.
6. I notice from a Far Eastern Department minute of 8 May (copy attached) that they are examining the question of consular representation in China.
25 June 1980
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CODE 18-77
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НК
SS 8/78