616
GRS 800
CONFIDENTIAL
CONFIDENTIAL
DESKBY 201300Z
FROM PEKING 201145Z SEP 83
TO IMMEDIATE FCO
MKKO 40/2
RECEIVED IN REGISTRY
X SEP 1983
DELK OFFICE
PA
TELEGRAM NUMBER 913 OF 20TH SEP NDEX
AND TO IMMEDIATE HONG KONG
FUTURE OF HONG KONG: COMMENTARY IN PEOPLE'S DAILY
REGISTRY
Action Taken
kM2619
COPY
1. PEOPLE'S DAILY OF 20 SEPTEMBER CARRIED A LENGTHY ARTICLE UNDER THE HEADLINE ''CHINA RECOVERING SOVEREIGNTY OVER HONG KONG IS ENTIRELUN CONSISTENT WITH INTERNATIONAL LAW''. IT WAS TAKEN FROM A LONGER ARTICLE IN THE FOURTH VOLUME OF THE QUARTERLY ''STUDY OF INTERNATIONAL AFFAIRS''. WE HAVE NOT YET RECEIVED THIS.
2. THE ARTICLE ARGUES ITS CASE UNDER THREE SUBHEADINGS:
A. THE ILLEGALITY IN INTERNATIONAL LAW OF THE THREE TREATIES: 3. THE LACK OF A LEGAL BASIS FOR THE SO-CALLED 'EXCHANGE OF SOVEREIGNTY FOR ADMINISTRATION'':
C. WHO GENUINELY REPRESENTS THE PEOPLE OF HONG KONG?
3. THE ARGUMENTS UNDER A ARE: THE BRITISH INVADED CHINA AND USED COERCION IN THE SIGNING OF ALL THE TREATIES. THEY THEREFORE HAVE NO VALIDITY IN INTERNATIONAL LAW. IN SUPPORT OF THIS A NUMBER OF INTERNATIONAL LAWYERS ARE CITED AND ALSO THE STIPULATION OF THE 1969 ''VJENNA CONVENTION ON TREATY LAW'' THAT TREATIES WHICH VIOLATE THE PRINCIPLES OF INTERNATIONAL LAW CONTAINED IN THE UN CHARTER AND WHICH ARE SIGNED THROUGH THE THREAT OR USE OF FORCE ARE INVALID. ARTICLE 64 OF THIS CONVENTION ALSO STIPULATES THAT A TREATY ALREADY IN EXISTENCE BECOMES INVALID SHOULD IT CONTRADICT ANY NEW NORM EMERGING IN INTERNATIONAL LAW. THE ARTICLES STATES THAT FOLLOWING THE SECOND WORLD WAR THERE EMERGED A SERIES OF PRINCIPLES IN INTERNATIONAL LAW WHICH SUPPORTED THE SOVEREIGN EQUALITY AND TERRITORIAL INTEGRITY OF STATES AND OPPOSED COLONIALISM, ETC.
4. UNDER B IT IS ARGUED THAT AS SOVEREIGNTY IN LAW STILL BELONGS TO THE INVADED PARTY AND NOT THE INVADER IT IS NOT LEGALLY POSSIBLE FOR THE INVADER TO TALK OF EXCHANGING SOVEREIGNTY FOR ADMINISTRATION. IN ANY CASE ADMINISTRATION IS THE CONCRETE EXPRESSION OF A STATE'S SOVEREIGNTY OVER ITS TERRITORY AND THE TWO CANNOT BE SEEN AS SEPARATE ENTITIES. THE THEORY THAT SOVEREIGNTY COULD BE DIVIDED UP WAS A REACTIONARY WESTERN ONE CREATED TO JUSTIFY THE OCCUPATION
OF THE TERRITORY OF OTHERS. #T HAS BEEN SWEPT INTO THE RUBBISH BIN OF HISTORY.
3. UNDER C IT IS ARGUED THAT A BRITON REPRESENTING THE
PEOPLE OF HONG KONG IN THE TALKS IS A NOTION WITHOUT LEGAL OR LOGICAL FOUNDATION. THE RELATIONSHIP BETWEEN THE BRITISH AUTHORITIES AND THE PEOPLE IN HONG KONG IS STILL ONE OF COLONIAL RULE. THE OVERWHELMING MAJORITY OF THE PEOPLE IN HONG KONG ARE CHINESE
CONFIDENTIAL
[AND
ре
See Q10
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