HKD

pH 10/2 ✓ Copy Uno) Соди

10 February 1993

© Ms Dynte

Dear

Loro

10/2

ра

nut

Foreign & Commonwealth

Office

London SWIA 2AH

From The Secretary of State

Shawcros

Thank you for your letter of 28 January.

It was good

to see you at Chatham House, and in such good form.

You recognise the problem of securing the presence of an alleged offender before an international court can issue Advisory or Declaratory Opinions. ICJ Advisory Opinions have a role to play in certain international situations confronting the UN, but I do not see a role for them in relation to individual criminal responsibility. I would also not favour trials in absentia.

On Hong Kong, I briefed the Chinese Foreign Minister, in detail, on the constitutional elements of the Governor's speech in late September, two weeks before the speech was made. There were no discussions with the Chinese before that on the Governor's specific proposals, which he was developing over the summer in Hong Kong. However, we had raised with them many times our belief that there should be a change in the Basic Law to increase the number of

directly-elected seats. The Chinese had also told us of their concerns that the Governor should not propose an increase in LegCo's directly-elected seats, and should not appoint liberal members of LegCo on to the Executive Council. The Governor took both points into account in framing his proposals.

The Rt Hon The Lord Shawcross GBE QC

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