TNAG-1171-FCO40-1452-Future-of-Hong-Kong-1982 — Page 127

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SECRET AND PERSONAL

TELELETTER

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FROM R J T MCLAREN POLITICAL ADVISER HONG KONG gree

FILE REFERENCE: TS 7/1162/46 DATED 14 MAY 1982 FOLLOWING FOR: R D CLIFT ESQ H K GD

COPIED TO :

FCO

SIR P CRADOCK K C M G

PEKING

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12.5

(261)

FUTURE OF HONG KONG: LEGAL IMPLICATIONS

238

See (351

1. THANK YOU FOR YOUR LETTER OF 30 APRIL. I GAVE A COPY TO SIR MURRAY MACLEHOSE BEFORE HE LEFT HONG KONG AND IT MAY BE THAT HE MADE SOME COMMENTS ON IT TO YOU OR ALAN DONALD IN

THE MARGINS OF HIS MEETING WITH THE SECRETARY OF STATE AND SIR E YOUDE ON 11 MAY. BUT I SUSPECT THAT THERE WILL NOT HAVE BEEN TIME. WHAT FOLLOWS REPRESENTS MY OWN INITIAL REACTIONS. I HAVE NOT BEEN ABLE TO CONSULT JOHN GRIFFITHS, WHO IS AWAY FROM HONG KONG THIS WEEK (THOUGH I WILL DO SO ON HIS RETURN)

AND I HAVE NOT THOUGHT IT NECESSARY TO INVOLVE PHILIP HADDON-CAVE

AT THIS STAGE.

attached

to 138

2. MY INTERPRETATION OF THE DRAFT MINUTE ENCLOSED WITH YOUR LETTER IS THAT, IN THE LEGAL ADVISER'S OPINION, THERE IS NO SCOPE FOR A POLITICAL DECLARATION ON THE SOVEREIGNTY ISSUE AND THAT IF ANY SIGNIFICANT CONCESSION IS TO BE MADE,

LEGISLATION IS PROBABLY UNAVOIDABLE.

3. THE DRAFT MINUTE DOES SAY THAT 'IT SQUARE BRACKETS BEGIN THE REQUIREMENT FOR LEGISLATION SQUARE BRACKETS END WOULD NOT APPLY TO MORE GENERAL STATEMENTS WHICH DID NOT HAVE ANY IMPLICATIONS WITH REGARD TO SOVEREIGNTY'. IT WOULD BE INTERESTING TO KNOW WHAT KIND OF STATEMENTS THE LEGAL ADVISER HAD IN MIND. BUT I CANNOT SEE THAT A STATEMENT WITHOUT

ANY IMPLICATIONS FOR SOVEREIGNTY WOULD HAVE MUCH SIGNIFICANCE, OR VALUE FOR BARGAINING PURPOSES. CERTAINLY, DENG'S REFERENCE

TO THE 'ABROGATION' OF PAST UNEQUAL TREATIES IN TALKING TO

MR HEATH SUGGESTS STRONGLY THAT WE ARE UNLIKELY TO GET AWAY

WITH A VAGUELY WORDED ACKNOWLEDGMENT OF THE CHINESE POSITION.