TNAG-0639-FCO40-787-Construction-of-underground-railway-system-in-Hong-Kong-(Mas-1978 — Page 154

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

T

637

14 DECEMBER 1976

Written, Anawers

Mr. Loard: The United Kingdom keused to transmit information on H、ng Kong tɔ the Secretary Genera! fine United Nations under Article 73 ) joi- lowing the General Assembly's approval, in Resolution 2963 (XXVII) of 2nd Nov- ember 1972 of a recommendation by the Special Committee on the Implementa tion of the Declaration on the Granting of Independence to Colonial Countries and Peopies that Hong Kong snouid he removed from the list of territoney to which that declaration applies. The United Kingdom Permanent Representa- tive to the United Nations explained in a letter of 14th December 1972 to the United Nations Secretary General that, in View of the General Assembly's approval of the Special Committee's recommendation, Her Majesty's Govern. ment had decided that no useful purpose would be served by continuing to trans- mit information on Hong Kong.

Mr. Hooley asked the Secretary of Siate for Foreign and Commonwealth Altairs if he will publish in the Official Report the substance of the letter dated 8th March 1972 (UN document A/AC 169;396) submitted to the UN Special Committee of 24 by Huang Hua, Permanent Representative of the People's Republic of China to the UN concerning the international status of Hong Kong, und it he will take steps to establish the current position of the People's Republic of China.

Mr. Luard: The following is the full text of the letter of 8th March 1972 from the Permanent. Representative of China to the United Nations to the Chairman of the Special Committee:

Sukabuwers

638

Kong and Macon, Pe Camese Government

Constalent!, i w

at they should aan ippleg. ite way when conditiofis The mai. Nadons 1.13 no gat the above

*In connexion with the questions of Hong Kong and Macau, I have the honour to stufe the following:

A

roboty, me (inthese de 2, send ly opposed to 433 Macau at the lot

Ml frytdɔis a mut stong kung

**

catecomat keinot as convdred by the Dechira- the erroneous wording Micau fall under he Colonial fertones' be ima cumley removed tom the documents on the Specta Coammates and all other Lanted Nations dollinend.'

As is known to all, the questions of Hong Kong and Macau belong to the category of questions resulting from the series of unequal treaties left over by history, treaties which the imperialists imposed on China. Hong Kong and Macau are part of Clinese krá tory occupied by the British and Portuguese authorities. The settlement of the questions of Hong Kong and Macau is caurely wiłata Chma's sovereign right and does not at 4 fall under the ordinary category ut “Cufonli Turritures". Consequently, the, should not be included in the list of Colomal Terrories covered by the Declaration on the Giriat:ng of Independence to tɔionial Counines and Peoples. With regard to the questions of tione

4 5 1

so-called เ

Signed iluang Hua, Permanent R、pre- ttle Peopic › Republic of Chiu to die Luited Nations.

People's

The Government vi the Republic of China have given no indica- tion that their position concerning the Status of liong Kong nas enanged silue the letter It questent was wrtilen.

Mr. Hooley asked the Secretary of Stue for Foreign and Commonwealth Attairs it the guaranices offered by the Hong Kong Goveran:ent in respect of contracts er loans for the Hong Kong Mass Transit Scheine contain provisions that they suould be enturezable in courts in the United Kingdum

should any derauit occur.

Mr. Laard: No contract connected win the construction of the Mass Transil Railway has been garantced by the Hong Kong Goverament. Guarantees gea by the Hong Kong Government in respect of other ivan facilities for the Miss Transit Railway Corporation do not involve a submission to the jurisuiction of

Courts in the United Kingdom, except in one instance: in respect of a Euro-dollar loan facility guaranteed by the Hong Kong Goverment. In this instance, the Hong Kong" Government submitted to the jurisé cúion of the courts in the United Kingdom in respect of enforcement of the gauntee, which is also enforceable in Ilvay Kong. I under- stand that ender the Crown Proceedings Act 1947 the Cada courts have no jurisdiction to entertain saits against the Crown where the alleged Hubdy of the Crown greses on 2őke nan in right of the Governinent at die Luted Kingdom. The question whether in me bit of this Aut the Crown might of the Gio.em- ment of Hong Kong could submit to the jurisdicttun me thank Courts is j " heart one which has not been jadieraity

VI

2 SDEC 1976

100X100/508/1

DATE/13/26 COL. ...6.8.8.

VOL ...922

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