GPS 380
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FM PEKING 030830Z SEP 80
TO IMMEDIATE FCO
TELEGRAM NUMBER 552 OF 3 SEPT 80
·4 SEP 1980
AND TO IMMEDIATE HONG KONG (PERSONAL FOR GOVERNOR)
DESKBY FCO AND HONG KONG 049900 Z
do wake
TOCOPY
FROM HEAD OF CHANCERY
92
FOLLOWING FOR CLIFT, HKGD
FCO TELNO 4501 HONG KONG LEASES AND THE FUTURE
1.
MORRICE'S LETTER WITH ENCLOSURE ARRIVED ON 1 SEPTEMBER.
WE HAVE YET TO RECIVE A COPY OF THE GOVERNOR'S LETTER OF
22 AUGUST.
2.
THE AMBASSADOR HAS NO COMMENT ON THE DRAFT RECORD OF THE
MEETING OF 8 AUGUST OR ON THE POINTS TO MAKE.
3. WE TAKE THE POINT IN PARAGRAPH 3(A) OF HONG KONG TELNO 1081 (WHICH REFERS TO THE QUOTE POINTS TO MAKE UNQUOTE AS MUCH AS TO THE SUPPLEMENTARY BRIEF). BUT DISCUSSION BETWEEN
OFFICIALS WOULD ONLY FOLLOW FROM A CHINESE REQUEST, WHICH
COULD HARDLY BE REFUSED, TO EXPRESS VIEWS ON THE SOLUTION TO
THE LEASES PROBLEM. WE AGREE THAT IF SUCH DISCUSSION DID
TAKE PLACE THERE WOULD BE NO NEED TO INFORM THE PRESS. THE LINE PROPOSED IN PARAGRAPH 3(B) OF HONG KONG
TELNO 1981 IS FINE.
see (93
27) ob
ов
4K K026/17
b. THE SUPPLEMENTARY BRIEF LEAVES OPEN WHETHER WE SHOULD
LEGISLATE BEFORE A LEASE WAS ISSUED OR ONLY IF AND WHEN IT WAS
CHALLENGED. WE MUST NOT FRIGHTEN THE CHINESE OFF BY INSISTING
ON LEGISLATION. ON THE OTHER HAND WE DO NOT KNOW THAT IT
WAS THE NEED FOR LEGISLATION WHICH CAUSED THE CHINESE TO REJECT
OUR EARLIER PROPOSALS, AND IT MIGHT BE UNWISE TO MISS AN OPPORTUNITY TO SECURE CHINESE ACQUIESCENCE, PARTICULARLY AS LEGISLATION MIGHT SUIT THEM LESS WELL WHEN A CHALLENGE
HAD ACTUALLY MATERIALIZED.
5. I WOULD ACCORDINGLY SEE SOME ADVANTAGE IN EXPLAINING TO THE CHINESE THAT IF GRANTED A LEASE COULD BE CHALLENGED, IN WHICH CASE WE SHOULD NEED TO LEGISLATE RETROACTIVELY.
WE COULD ADD THAT IT MIGHT BE LESS EMBARRASSING FOR BOTH
PARTIES IF THE NECESSARY LEGISLATION WERE ARRANGED BEFORE ANY
CHALLENGE MATERIALIZED. PARAGRAPH 4 OF THE SUPPLEMENTARY
BRIEF COULD THEN BE TIDIED UP BY INSERTING QUOTE IDEALLY
UNQUOTE AT THE BEGINNING OF THE SECOND SENTENCE AND DELETING
THE SQUARE BRACKETS.
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16. THE ABOVE