CONFIDENTIAL
3.
Further confirmation of the Chinese approach came at the
24-26 March meeting of the Joint Liaison Group, where the
senior Chinese representative made a strong attack on Hong
Kong's privatisation plans: he urged that Hong Kong should cake no steps before 1997 to privatise the Kowloon and Canton Railway Corporation (KCRC), or otherwise unilaterally
to dispose of the assets of the Hong Kong Government which
must be transferred to China (and the SAR) on 1 July 1997.
The Chinese are wholly indifferent to the economic benefits
of such privatisation, which they explicitly stigmatized as
selling of the family silver. When they take this attitude to such a straight-forward proposal, which would involve no transfer of funds outside Hong Kong, what prospect is there
of their taking a dispassionate view of the transfer to HMG
of the capital value of HMOCS pensions?
9.
I conclude that there is now no prospect of Hong Kong
providing the sterling safeguard or an adequate substitute
for it. This is not a question of any lack of will on the
part of the Governor or his government. Even if we collectively judged it right to provoke the crisis with China that capitalisation would entail, it would not simply
be a question of instructing the Governor to make the necessary arrangements: it would require an Order-in-Council over-riding the Hong Kong legislature's powers over finance.
This would cause a grave constitutional crisis and set a
deplorable precedent for Hong Kong's financial autonomy
after 1997 as laid down in the Joint Declaration. It would
also go against the whole pattern of our constitutional
history and our relations with overseas: territories.
10.
There is no dispute that, because of the general
assurances originally given by Robert Carr and Reginald Prentice, we already have a large contingent liablility in respect of Hong Kong HMOCS pensions. I strongly believe that we should now openly accept the limited contingent
liability of our sterling safeguard proposal. This would be
good for the morale of key Hong Kong officials and police
ARRAFI/4
CONFIDENTIAL.