TNAG-0945-FCO40-1164-Future-of-Hong-Kong-1980 — Page 37

CONFIDENTIAL

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- 2

Governments were unacceptable to the UK.

1. Morrice

P Morrice

1 December 1980

Hong Kong & General Department

Sir E Youde

1.

The Governor of Hong Kong and the British Embassy, Peking, were consulted by telegram (unfortunately not distributed to Sir E Youde or me) over the weekend. Both, however, have agreed the answer.

2.

,,

I have questioned the Legal Adviser about the need to include the phrase ' as part of Her Majesty's Dominions'1. If it were omitted, it would expose less surface to attract the critical fire of the Chinese Ambassador. On the other hand, the Legal Adviser would prefer to keep it in as it would thus be a correct statement of the legal position. He concedes, however, that it is not absolutely essential and if in our political judgement we felt that we should leave it out, it would not cause difficulty from a legal point of view. But the advantage of getting a statement as at present drafted in the form of a written PQ would mean that there would be a precedent for answering further questions.

3. My inclination is to leave the draft as it stands, particularly as there is a chance that the Chinese Embassy may not spot a written answer in Hansard. Even if they do we can argue that we were obliged to state our well-known position.

Astmald

A E Donald

1 December 1980

1

agree.

7/12.

CONFIDENTIAL

BARB./V