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(396A)
376
GRS 265
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PERSONAL
TELELETTER
FROM R D CLIFT, HKD FCO
MKK040/1
RECEIVEO
DECK
INDEX
13 JUL 1983
TA
*. 51
4108
REGISTRY
Stion Taken
7 KM2518
FILE REFERENCE HKK 040/8 PART B DATED 11 JULY 1983
FOLLOWING FOR L M DAVIES ESQ CMG, SECRETARY (GENERAL DUTIES)
GOVERNMENT SECRETARIAT, HONG KONG
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༡༩༦ལ
COPIED TO SIR P CRADOCK GCMG, HM AMBASSADOR, PEKING
PRECEDENTS FOR A DIVISION BETWEEN SOVEREIGNTY AND ADMINISTRATION
THANK YOU FOR YOUR LETTER OF 4 JULY AND ENCLOSURE. WHEN I
RECEIVED IT, I WAS ON THE POINT OF WRITING ABOUT THE REFERENCE
IN PARAGRAPH 20 OF THE MINUTES OF THE PART II EXCO MEETING HELD
ON 29 JUNE TO SIR S Y CHUNG'S SUGGESTION THAT A PAPER SHOULD BE
PREPARED ON THIS SUBJECT. AS IT HAPPENS, THE SECRETARY OF STATE
HAS QUITE SEPARATELY ASKED US TO PREPARE A PAPER ON THESE LINES.
THIS IS NOW IN HAND AND I SHALL SEND YOU A COPY OF THE DRAFT.
2. WITH REGARD TO THE POINT IN PARAGRAPH 3 OF YOUR LETTER, OUR
VIEW IN THE DEPARTMENT IS THAT THE USE OF PRECEDENTS OF THIS SORT
SHOULD BE VIEWED FROM TWO SEPARATE ANGLES. WE CAN CITE EXAMPLES
OF EARLIER DIVISIONS OF SOVEREIGNTY AND ADMINISTRATION IN GENERAL
SUPPORT OF OUR ARGUMENT THAT THESE ELEMENTS NEED NOT BE COMBINED
IN INTERNATIONAL LAW AND PRACTICE. BUT WE MUST BE WARY OF
ASSUMING THAT DETAILED EXPOSITION OF THE PRECEDENTS WILL HELP US
VERY MUCH IN CONVINCING THE CHINESE OR THAT THEY WOULD ACCEPT THEM
AS MODELS. THE TROUBLE OF COURSE IS THAT PRETTY WELL ALL OF
THEM ARE COLONIALIST IN ONE FORM OR ANOTHER AND GENERALLY
INVOLVED A WESTERN POWER IMPOSING ITS AUTHORITY ON A THIRD WORLD ONE, FOR INSTANCE THROUGH A LOCAL RULER. I NOTE THAT THE GOVERNOR IN THE EXCO DISCUSSION PUT IN A NOTE OF CAUTION ABOUT THE USE OF
PRECEDENTS.
1
SIGNED R D CLIFT
1
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