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I appreciate your view that, since an agreement on the BOR did not materialise, we are not bound by our offer to consult
But the Chinese on/discuss BOR related legislative amendments. will not see it that way and may well accuse us of bad faith in going back on an earlier undertaking Ren be prudent to expose ourselves to such a risk? this be in our wider interests? I suggest that the ExCo paper should consider those points.
Would it
Would a row over
Finally, I think the ExCo paper should cover the possibility that the Chinese would deploy the argument that the amendments are in effect an adaptation to BL 39, which requires consultation
How would we deal under the guidelines for Adaptation of Laws. with such an argument?
This
You may wish to consider, in view of the above, an alternative strategy to the one outlined in your letter. would entail building sufficient time into the timetable to allow meaningful discussion with the Chinese about the amendments,
We would have to
I do
make it clear, of course, that it would not be possible to give a commitment that the amendments would be subject to agreement by the Chinese. But we would at least listen to their views. Given that the freeze period does not expire until June 1992, not think that we could convincingly argue that there is a desperate rush. If, as might well be the case, we failed to secure Chinese support for the amendments, the right course of action would then be to proceed with the amendments, in the knowledge that the changes would probably be reversed after 1997.
I think it would be advisable to consult the FCO about this,
It would, I seeking their views on the alternative strategies. think, be preferable to do this before putting firm recommendations to ExCo.
Redacted under FOI exemption sections 27 (1)(a), (c), (d)
Yours Sincerely
Alan Panc
CC:
A R Paul
William Ehrman Esq, Political Adviser J Morris Esq, Security Branch Mrs Marion Lai, Security Branch Isaac Chow Esq, Security Branch Commissioner, ICAC
James Hanratty Esq, LO (IL)
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