HICC 370/9
RECEIVED IN REGISTRY
2. MAR 1993
CONFIDENTIAL
DESK CAMOUR
REGISTRY
INDEX
PA Adion Taken
From:
Miss S Brooks Legal Counsellor
Date:
18 March 1993
Mr Marshall
HKD
لام
UK/HKSAR AGREEMENTS
See 6
1. I have minuted in detail several times in the past on this matter. I was earlier in favour of solutions such as parallel legislation and MOUS which avoided the need to put draft UK/HKSARG agreements to the Chinese for their approval. I pointed out in particular that the Chinese were very likely to take the view that HKG cannot represent the future HKSARG in any negotiations with the UK. Mr Edwards, in his letter of 4 September to Mr Ricketts concedes this (paragraphs 6 and 9). Nevertheless he took the view that the first option should be to seek to persuade the Chinese that we should proceed along lines similar to those followed for other countries ie submission of a UK/HKG initialled agreement to the Chinese for endorsement through the JLG. If content, the Chinese would undertake to authorise the HKSAR to sign the initialled agreement on 1 July 1997. This option became the agreed way of proceeding.
2.
This would be the best way of proceeding if the Chinese Government were still cooperating with HMG. In present circumstances, your Department will however wish to consider whether it is still the best way of protecting British interests after 1997. My personal view is that while Mr Edwards' suggestion is the most satisfactory from a legal point of view, there is little chance in present circumstances of securing Chinese cooperation now (or perhaps indeed before 1997) on this matter.
3. If HKD concludes that the first option should still be to go ahead with negotiating these agreements, the subjects suggested as ones for possible agreements in paragraph 2 of Mr Edwards' letter of 4 September and his letter of 2 December 1992 are the most useful ones. I note what he says in paragraph 3 of his letter and I agree with his conclusions. fear however that his conclusions in paragraph 9 of his letter of 4 September are likely to prove wrong.
Shelagh Brooks
Shelagh Brooks
CONFIDENTIAL
I
8