XN000022-1997-02-27 — Page 16

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I did some research before I came here, I read some information on International Law. I have got the book here with me, perhaps I can make available a copy to the Governor himself later on. It is just a few pages about the procedures for the International Court, it is not all that complicated; I think the UK Government can take the first step regarding the litigation and let the Chinese Government respond. I think the Security Council or the full Council of UN can seek some opinion from the ICJ. As long as the UK Government takes the first step, we can sit back and wait for the Chinese Government to reply, we don't have to take it for granted that the Chinese Government would be resistant to these ideas. Maybe the Chinese Government would like to use the International Court to prove that the provisional legislature would be lawful, or they would like to use the International Court to challenge your constitutional reform, Mr Governor. I don't think you should take it for granted that the Chinese Government would object to that. I hope that you would answer me categorically. Will you urge the UK Government to take the very first step so that we can have a fair resolution?

Governor: I am not, as I have had to point out to the council before, a lawyer, though I have become more knowledgeable about legal matters since I have been Governor of Hong Kong and I am sure that after speed-reading the document which is at present in the President's hands, I will be --

President: Is it meant for me or meant for you?

Governor: -- even better informed. It is called "Stark on International Law", have in my hands the 8th Edition and I am looking forward to reading it later on this afternoon.

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To be serious, the simple position and I think Mr Stark or Professor Stark or Lord Justice Stark or whoever he is will agree with me the simple position is that where two countries agree to take a dispute to the International Court of Justice, the International Court of Justice will accept the case from them. If one of the parties to the dispute does not accept that and resists going with the other party to the ICJ, then the party which is concerned has to get the agreement of the General Assembly of the United Nations to the ICJ's role in the case.

Now there may be an argument for doing that but I would just like to point out to the honourable gentleman that the General Assembly of the UN does not meet until next autumn, and next autumn is after July 1, by which time I suppose it is possible that the business in Shenzhen will have moved south, much to the discredit of those involved and much to the disadvantage of Hong Kong.