TNAG-0858-FCO40-1068-Proposed-UK-China-bilateral-shipping-agreement-1979 — Page 25

1

PEKING TL 101

GR 900

CONFIDENTIAL

TELELETTER

FROM TJ B GEORGE, PEKING

175/548/1

FOLLOWING FOR

15 MAY 1979

MR MORLAND ESQ, MAED, FCO

RC SAMUEL ESQ, FED, FCO

R J TMCLAREN ESQ, HKGD, FCO

MR PRYOR, SPD, DOT

階

18/

Yon and for in williamcion

will need to get a groß

чети

17/4

HKKMS/2 to WilliamsonNo. 31

INDEX

1 8 MAY 1979

S

Tuon Taken

No. 12 See (536

DR D C WILSON, HONG KONG (BY BAG) (ACTIONED)

UK/PRC MARITIME AGREEMENT

IN MY TELELETTER OF 23 APRIL I PROMISED SOME IDEAS ON HOW WE MIGHT HOPE TO DEAL WITH THE HONG KONG ISSUE IN A NEW ROUND OF TALKS ON THE MARITIME AGREEMENT.

2. THE FOLLOWING ARE ONLY PRELIMINARY VIEWS. BUT, GIVEN THE APPARENT FLEXIBILITY OF THE CHINESE POSITION AS OUTLINED BY DONG, WE SHOULD CERTAINLY AIM TO AVOID A MARITIME AGREEMENT RESTRICTED TO METROPOLITAN TERRITORIES. WE SHALL HAVE TO SEE HOWEVER WHETHER THE HARD LINE BEING TAKEN BY THE CHINESE ON AIR SERVICES, OVER WHICH OTHER CONSIDERATIONS APPLY, WILL AFFECT THESE NEGOTIATIONS.

3. THERE APPEAR TO BE BROADLY TWO GROUPS OF PROBLEMS RELATING TO HONG KONG WHICH NEED TO BE DEALT WITH - THE STATUS OF SHIPS REGISTERED IN HONG KONG, CERTIFICATION OF VESSELS ETC ON ONE SIDE, AND THE TREATMENT OF HONG KONG CREWMEN ON THE OTHER.

4. SO FAR AS THE FIRST PROBLEM IS CONCERNED THE REGISTRATION OF HONG KONG SHIPPING IS INCLUDED IMPLICITLY IN THE AGREEMENT, SINCE SUCH SHIPS CARRY THE BRITISH FLAG: AND THE DRAFTING MAY BE ACCEPTABLE. SINCE THE CHINESE RAISED NO OBJECTION AT THE LAST ROUND. DONG REFERRED FURTHERMORE TO THE DEVELOPMENT OF HONG KONG/CHINA COMMUNICATIONS, WHICH HAS ENTRENCHED THE ACCEPTABILITY OF AT LEAST THE RED SIGN ON HONG KONG REGISTERED VESSELS, AND IN WHICH THE CHINESE AUTHORITIES ACKNOWLEDGE THE COMPETENCE FOR PRACTICAL PURPOSES OF THE HONG KONG AUTHORITIES. I WOULD HOPE THAT THE CHINESE WOULD ON REFLECTION STILL ACCEPT THAT THEY GIVE NOTHING AWAY BY LEAVING ARTICLES AFFECTING THE REGISTRATION OF SHIPS AND THE CERTIFICATION OF VESSELS AS THEY STAND. IF THERE IS DIFFICULTY, ONE PRAGMATIC APPROACH, WHICH MIGHT HELP IN THE CONTEXT OF SEAMEN ALSO, WOULD BE TO ACCEPT AN EXPLICIT UNDERSTANDING THAT THE SIGNATURE OF THE AGREEMENT AND ITS APPLICATION TO HONG KONG ON THE BRITISH SIDE AT THIS TIME DID NOT IN ANY WAY PREJUDICE THE POSITION OF EITHER SIDE ON THE STATUS OF HONG KONG.