TNAG-0758-FCO40-962-Strength-of-UK-armed-forces-stationed-in-Hong-Kong-1978 — Page 208

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Mr Murray

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Mr. Mchard, fun

Q√√20710 Mr

PS/Lord Goronwy-Roberts

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Mr Rushford (Legal Advisers)

Miss Rawson (N & TD)

PUDUSTRY

h Taken

Mr Ling (HKGD)

A

B

C,D

PROPOSAL BY GOVERNOR, HONG KONG, FOR A CHANGE IN THE ANGLO/BRUNEI

TREATY DOCUMENTS

1.

Sir M MacLehose proposes the deletion of the reference in the Exchange of Notes on Judicial Matters of the phrase (in connexion with the provision of help to Brunei by the Hong Kong judiciary): -

provided that the arrangements will terminate forthwith

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if at any time the United Kingdom ceases to be responsible for the government of Hong Kong".

2. In Sir M MacLehose's view, if the Exchange is made public (which is, indeed, our intention) mischief makers could question why that particular caveat was included unless HMG had some

unrevealed intention, or expectation, of ceasing to exercise responsibility. He considers that if we cease to administer Hong

Kong, the agreement to send judges to Brunei would lapse through force majeur, and that Brunei would in no way suffer by the phrase's

absence.

3. I agree with Sir M MacLehose's reasoning, and, in view of the importance of the issue from the Hong Kong Government's point of view, I recommend that the Bruneis should be approached with a

request for deletion. We should use a version of Sir M MacLehose's arguments, but should not neglect to add that we have recently agreed

Bruneis to a request by the/ for an amendment by them (to the Exchange of Notes on the establishment of a Brunei Diplomatic Service).

4.

As the Exchange of Notes on Judicial Matters has only been initialled (and not signed as in the case of the Notes on the Brunei Diplomatic Service) it would be sufficient for agreement on deletion

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