CONFIDENTIAL

Capital transfer from HKG to HMG

This is a red herring which we must now put to rest. The Foreign Secretary has explained in successive minutes on 11 February, 26 February, 11 March and 1 May the political impossibility of forcing Hong Kong to do this. Briefly, the Legislative Council would not agree to vote the funds. HMG

would therefore have to direct the Governor, through an

Order-in-Council, to do so. This would create a political

crisis in our relations with Hong Kong and the Chinese would

see it as a clear case of asset stripping. It could lead

them to repudiate their undertakings on pensions in the

Joint Declaration. We could find ourselves saddled with

paying all Hong Kong pensions for sevice pre-1997.

CONFIDENTIAL

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