XN000022-1997-01-08 — Page 3

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Question: Mr Patten, during your visit back home will you be urging Mr Rifkind and the UK Government to repeat its challenge to China to take of the provisional legislature to the International Court?

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Governor: I think the Foreign Secretary has made the British Government's position abundantly plain. That position will in due course, I am sure, be made equally plain in the British Government's regular report to parliament on Hong Kong but I don't think any further statement from Mr Rifkind or from the British Government is required.

Question: Governor, what is your comment about the speech delivered by Mr Howe about the co-operation between China and Hong Kong in order to smooth the handover of Hong Kong? And will you still maintain that the provisional legislature

China to the International Court about that?

Governor: Well, let us just recall exactly what the position is as far as the International Court of Justice is concerned. What the British Government has said is that in the British Government's view it is difficult to see how the establishment of a so-called provisional legislature is in compliance with the Joint Declaration and the Basic Law. But if China is convinced that it has a solid legal basis for scrapping the existing legislature, if it thinks the existing legislature is against the Joint Declaration and the Basic Law, if it thinks that what it is doing is in line with the Joint Declaration and the Basic Law, then fet China join Britain in seeking independent arbitration at the International Court of Justice. That is the position that the British Government have taken up and I suspect that China's refusal to accept that sensible suggestion is itself eloquent of the paucity of the Chinese case.

Now, you wanted to know about my views on Lord Howe's proposals that we should be all as co-operative as possible. Absolutely! That is what the Joint Declaration, Article 30, says. It says that Chinese officials, that China should co- operate with Britain until 30 June 1997, while we are the sovereign power. Quite difficult, I think, to understand how you can square that commitment to co-operation with recent Chinese decisions about the provisional legislature.

Question: Of course, Lord Howe, three things that he said. First of all his warning to Hong Kong that the leaders of public opinion here should not allow Hong Kong to become a bridgehead for revolution in China. Second of all, his warning to the press not to shock China. And on the provisional LegCo, that Britain, Hong Kong and China should join hands and conciliate on the matter of the provisional LegCo which should not be taken to any international court.

Governor: I think your last point is a slight extension of what he said. But let me deal with the first two and then repeat my position and the British Government's position on the third. I have followed with interest his remarks.

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