CONFIDENTIAL
28
132700
MDHIAN 0511
CONFIDENTIAL
FM UKREP JLG HONG KONG
TO IMMEDIATE FCO
TELNO 514
OF 05072OZ NOVEMBER 91
INFO PRIORITY PEKING, HONG KONG
23
TOP COPY Q DIST?
нив 012/13
1 1 NOV 1991
UKREP TELNO 503 : PUBLIC ORDER ORDINANCE (PO0)
1. I HAVE SEEN THE RECENT EXCHANGES OF TELEGRAMS ON THIS SUBJECT ON MY RETURN. I AGREE THAT IT WOULD BE BETTER TO BRIEF THE CHINESE ABOUT OUR PLANS BEFORE THEY BECOME PUBLIC. HOWEVER, WE SHOULD BE CLEAR THAT THEY ARE LIKELY TO REACT BY DEMANDING THAT THEY BE FULLY CONSULTED ON THE LEGISLATION BEFORE IT GOES FORWARD AND THAT THE MATTER BE PLACED FORMALLY ON THE JLG AGENDA.
2. WE CANNOT OF COURSE ALLOW OURSELVES TO BE PUT INTO A POSITION WHERE SUCH LEGISLATION COULD ONLY PROCEED WITH CHINESE AGREEMENT. WE WOULD THEREFORE BE OBLIGED TO TELL THE CHINESE THAT WE DO NOT REGARD THIS LEGISLATION AS A MATTER FOR NEGOTIATION BETWEEN THE UNITED KINGDOM AND CHINA, BECAUSE IT RELATES TO THE HONG KONG GOVERNMENT'S MANAGEMENT OF THE AFFAIRS OF THE TERRITORY UP TO 1997. WE WOULD HAVE TO POINT OUT THAT IT WOULD BE OPEN TO THE HONG KONG SAR TO AMEND THE LEGISLATION AFTER
1997.
3.
AS REGARDS JLG HANDLING, WE COULD TELL THE CHINESE THAT WE WOULD BE PREPARED TO CREATE AN APPROPRIATE AGENDA ITEM TO ALLOW THEM TO EXPRESS THEIR VIEWS ON THE LEGISLATION. HAVING LISTENED TO THEIR VIEWS, WE WOULD THEN PROCEED AS WE SAW FIT. IN OTHER WORDS OUR HANDLING OF THIS ISSUE WOULD BE VERY SIMILAR TO THE WAY IN WHICH WE DEALT WITH THE BILL OF RIGHTS.
4. WE MUST ALSO RECOGNISE THAT THE CHINESE WILL REACT VERY STRONGLY TO THIS LEGISLATION AND TO A REFUSAL TO ACCEPT FORMAL CONSULTATION AND THAT IT IS BOUND TO HAVE SOME SPIN OFF ON OTHER
AREAS OF JLG WORK.
GALSWORTHY
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