CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 947
OF 031804Z NOVEMBER 93
CONFIDENTIAL
Hun ou/8
ния
INFO IMMEDIATE PEKING, UKREP
номе
18
FAC COMMITTEE ON HONG KONG/CHINA: LEGAL ASPECTS
OF DEBATE ON CONSTITUTIONAL REFORM
Summary
1.
P.a. FAC101
026030
MDHOAN 0453
TOP COPY
TORS
DIST?
Main objective achieved: the FAC appeared satisfied with the explanations given and are unlikely to conclude that we are in breach of the JD, BL or the 1990 exchanges. No major hostages to fortune, but some points which the Chinese may latch onto (the Chinese embassy were present in strength). Press headlines likely to reflect comments implying that Chinese go-slow in the JLG could represent a breach of the JD.
Detail
2. On 3 November Chamberlain, Deputy Legal Adviser and Hum gave evidence to the FAC on Legal aspects of the negotiations with the Chinese over constitutional reform in Hong Kong. We were most grateful for Edwards' attendance, and his help in briefing beforehand. Chamberlain's statement was, at the request of the FAC, converted into a paper which was circulated in advance (a faxed version of this paper follows to Lai, CAB and Rogan, Peking).
3. In answer to questioning, Chamberlain added that while the Joint Declaration (JD) is a treaty binding under international law, any claim that it had been breached could not unilaterally be referred to the International Court of Justice (ICJ), since China has not accepted the compulsory jurisdiction of the ICJ. The matter would have to be resolved by diplomatic negotiation and could only go to arbitration with the consent of both the UK and China.
When asked which parts of the Basic Law (BL) the UK did not Like, Chamberlain referred to two examples. We would have preferred a faster pace towards democracy, and omission of the 20 per cent nationality/right of abode restriction on members of
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