CONFIDENTIAL
103706
MDHIAN 4476
US TO GIVE UP THE EXERCISE OF JURISDICTION BEYOND THE AGREE LINE. THAT WOULD PLACE OUR SECURITY FORCES IN THE POSITION OF BEING LEGALLY RESPONSIBLE TO ENFORCE THE LAWS OF HONG KONG IN AREAS WHICH THEY WERE UNABLE TO ENTER. WHILE THIS PROBLEM ALREADY EXISTS TO SOME EXTENT AT SEA, WHERE ROUTINE PATROLS ARE NOT CARRIED OUT IN CERTAIN AREAS, OUR SECURITY FORCES CAN AND DO GO INTO THESE AREAS IN EMERGENCIES. IF THEY WERE NO LONGER ABLE TO DO SO, WE WOULD RUN THE RISK OF BEING UNABLE TO ACT IF A SERIOUS INCIDENT AROSE IN THESE AREAS. THE PROBLEM COULD ALSO ARISE ON LAND IF WE EVENTUALLY HAVE TO MAKE CONCESSIONS TO THE CHINESE ON THE BOUNDARY IN THE INTERNATIONAL PATH SECTOR. THERE WOULD INEVITABLY BE QUESTIONS IN LEGCO AND ELSEWHERE AS TO THE STATUS OF THE MOU AND ITS PRACTICAL IMPLICATIONS.
8. THE THIRD OPTION IS TO SECURE AN AGREED LINE BUT NOT TO IMPLEMENT IT BEFORE 1997. THIS WOULD AVOID THE LEGAL, PRACTICAL AND PRESENTATIONAL DIFFICULTIES OF THE FIRST TWO OPTIONS. BUT IT WOULD DO NOTHING TO HELP WITH THE IMMEDIATE PROBLEM OF INCURSIONS AND COULD JEOPARDISE THE CLAIMS OF THE AGREED LINE TO BE ADOPTED AS THE BOUNDARY OF THE SAR. IF WE STATED THIS WAS OUR PURPOSE IT WOULD REMOVE THE INCENTIVE FOR GUANGDONG TO AGREE A LINE WITH US.
9. WE FAVOUR THE SECOND OPTION. BUT WE WOULD NEED TO EXPLAIN OR LEGAL POSITION TO THE GUANGDONG SIDE AND SEEK TO MAKE CLEAR THAT
THIS ADMINISTRATIVE BOUNDARY HAD NO IMPLICATIONS FOR CLAIMED RIGHTS OF JURISDICTION: AND THAT IN EXCEPTIONAL CIRCUMSTANCES OUR SECURITY FORCES WOULD NEED TO RESERVE THE RIGHT TO GO BEYOND IT. WE EXPECT THEY WOULD DEMAND THE MIRROR IMAGE OF THIS: AND THAT IN PRACTICE ANY SUCH SITUATION WOULD HAVE TO BE SORTED OUT
BY LIAISON AND CO-OPERATION (WHICH IT IS OUR HOPE AN AGREED LINE WOULD IMPROVE).
10. WE ARE AIMING TO TAKE THIS TO EXCO ON 6 APRIL AND SHOULD
THEREFORE BE GRATEFUL FOR YOUR EARLY VIEWS.
PATTEN
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