TNAG-1151-FCO40-1431-Relations-between-Hong-Kong-and-the-United-Nations-1983 — Page 5

CONFIDENTIAL

Miere Uzz174 Ho

022174.

PS/Mr Onslow

M. My Good.

dasıblıiz

ADJOURNMENT DEBATE: ARTICLE 73

M.

If Spar- back to me

pse, ottease enter

аш

Clift

her

amandwats

mand wats iffear

Stan

L

HKEDI

I have bam

incorporated = the final version

16/12

1. I submit a draft speech for Mr Onslow's use in replying to the debate to be initiated by Mr Tom Arnold on 17 December. It has been cleared with HKGD, FID, Legal Advisers, EAD, SED, SPD and WIAD.

2. HKGD are coordinating Supplementary Notes and will submit them direct.

3. I attach as background:

A

a)

the texts of Articles 73 and 74 of the Charter, which together make up the chapter on non-self- governing territories;

~2

your minute of 14 December about your discussion with Mr Arnold; and

B

b)

C

c)

the statement made by Mr Arnold in the Fourth Committee referred to in your minute.

4. I hope the draft is long enough for the Minister of State's purpose. Article 73 is a narrow subject and we expect

Mr Arnold to have devoted much of his own speech to a description of it. The subject is also a hazardous one, as language that is important and relevant to, for example, the Falklands, is often inappropriate for Hong Kong and Diego Garcia introduces further limitations.

5.

While it is interesting that our delegation to the General Assembly, evidently including Mr Arnold, were able to use Article 73 to such good effect in their lobbying over the Falklands, I believe the significance of this Article can be overstated (though this is not a point that we would want to make in the debate). From our point of view, the Article is not as fully supportive of the emphasis we have laid on the wishes of the Islanders as it might be thought to be. The word 'wishes' does not occur. Neither does self-determination nor independence. This is the result of pressure we ourselves brought to bear when the Charter was being drafted. On the other side, Argentina and its friends will continue to argue that even though we may be able to show that our actions towards the Falkland Islands have been consistent with an Article of the Charter, the question of whether we have any right to be there remains.

6. I have included a complimentary reference to Mr Arnold's activities in New York. Mr Onslow may care to bear in mind

CONFIDENTIAL

/that Ministers