TNAG-1152-FCO40-1432-Relations-between-Hong-Kong-and-the-Commonwealth-1982 — Page 69

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Peking

Hong Kong

6.

The Treaties governing Hong Kong

1

There are three treaties, which I believe are valid at international law under which we are operating'.

'We stick by our treaties unless we ever agree something else. At the moment we stick by our treaties'.

'Britain abides by the treaties therefore it means that the lease in 1997 expires and the sovereignty therefore returns to China'.

'We keep our treaties. If anyone does not like those treaties, the way to deal with it is by discussion...so that if necessary the treaties can be varied. They can be varied by agreement but not broken'.

[In answer to the claim that China maintains that the two treaties are invalid]:

'She has indeed said that for some time, but she has not abrogated them...The aim is to vary the treaties so that we achieve that stability and prosperity'.

'We are entering into talks which we hope will vary the treaties because, as you know, there are three treaties and one of them signifies the end of the lease in 1997'.

[Asked whether the Chinese might have liked 1997 to be ignored because the treaty was invalid]:

'But I do not regard the treaty as invalid. Britain keeps her treaties and therefore I do not think that 1997 could be ignored and even if a government tried to ignore it, I believe it was quite clear that those who invest in Hong Kong could not have ignored it and therefore we had to do something about it now, while there is still time'.

'I believe they [the treaties] are valid at international law and if countries try to abrogate treaties just like that then it is very serious indeed...It is better, when you have differences between two sides to agree to vary them in a way satisfactory to all, than for anyone to consider unilateral abrogation'.