266
CONFIDENTIAL
FM FCO
TO DESKBY 120100Z HONG KONG
TELNO 817
OF 111425Z APRIL 89
CONFIDENTIAL
HKB 011/3
INFO ROUTINE PEKING, UKREP JLG HONG KONG
TOP COPY Q DIST ?
142050 MDHOAN 8956
257
259
OUR TELNO 809 AND YOUR TELNO 1153 FAC ENQUIRY: ADDITIONAL PAPERS
(A) AIR SERVICES
1.
WE WERE MOST GRATEFUL FOR THE THOUGHTS IN SECOND TUR AND FOR THE REVISED PAPER FAXED TO US. WE HAVE TAKEN ACCOUNT OF ALL YOUR VIEWS, EXCEPT FOR THE FOLLOWING TWO POINTS:
(I) PARA 7, LAST TWO SENTENCES: WE HAVE RETAINED OUR ORIGINAL WORDING. ALTHOUGH WE DO NOT ANTICIPATE DIFFICULTIES WITH THE CHINESE OVER THE NEW ZEALAND ASA, WE WOULD PREFER NOT TO IDENTIFY IT SPECIFICALLY, IN CASE THERE SHOULD BE ANY UNFORESEEN SNAGS OR HOLDUPS (AS WITH BRUNEI). IT WOULD MAKE THE SENTENCE UNNECESSARILY CUMBERSOME IF WE WERE TO EXPLAIN THE POSITION ON
THE FRENCH ASA SEPARATELY: AND
(II) PARA 10, FIRST SENTENCE: WE HAVE OMITTED THE PHRASE QUOTE BASED ON PARITY OF FREQUENCIES UNQUOTE, SINCE THAT WAS ONLY ONE ELEMENT, ALBEIT A KEY ONE, IN THE NEW UK/HONG KONG BILATERAL PACKAGE.
2.
WE HAVE ALSO MADE SOME DRAFTING CHANGES AND ARE FAXING THE CLEAN TEXT TO LEEKS (PS/GH).
(B) HUMAN RIGHTS
3. AS INDICATED IN FIRST TUR, WE WERE GENERALLY CONTENT WITH THE PAPER YOU KINDLY FAXED TO US. FOLLOWING CONSULTATIONS WITH UND AND LEGAL ADVISERS, WE HAVE MADE SOME DRAFTING CHANGES AND ADDED A NEW FINAL PARAGRAPH MAKING BRIEF REFERENCE TO OTHER
INTERNATIONAL HUMAN RIGHTS INSTRUMENTS WHICH APPLY, OR WILL SHORTLY APPLY, TO HONG KONG. WE ARE FAXING TO LEEKS THE REVISED TEXT WHICH WE ARE SUBMITTING TODAY. GRATEFUL FOR ANY FURTHER COMMENTS DESKBY 12080OZ, TO ENABLE US TO FORWARD THE PAPER TO THE FAC TOMORROW. GRATEFUL IN PARTICULAR FOR ADVICE ON
THE MISSING DATE IN THE LAST PARA.
(C) BASIC LAW: ARTICLE 157
4.
WE REGRET THAT WE DID NOT RAISE THIS EARLIER. WE HAVE BEEN
WRESTLING WITH A PAPER ON THE COMPLEX QUESTION OF INTERPRETATION
OF THE BASIC LAW, IN ORDER TO CLARIFY AND AMPLIFY SOME OF THE REFERENCES TO ARTICLE 157 MADE DURING THE HEARINGS ON 22 MARCH.
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