TNAG-1172-FCO40-1453-Future-of-Hong-Kong-1982 — Page 92

CODE 18,77

Aur Monis.

Mr Edgar HK&G Dept Room K242

SECRET

PA.

Mr. Williganson

1.. Mr. Burrows wished to record his

reservations over the use

rather than sovereignty".

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26

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RRAI GEMENTS

1982

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HONG KONG: TRANSIT ARRANGEMENTS FOR PRC PASSPORT HOLDERS

1.

On 11 June I concurred in a draft telegram which indicated that in certain circumstances (connected with the Chinese wish to use the phrase "Chinese mainland" in the draft understanding) we should insist upon the insertion of a paragraph which would read:-

2.

"Nothing in this understanding will affect the position of either of the two sides with regard to sovereignty over Hong Kong.

11

You told me today that your department would now prefer to change the phrase 'sovereignty over" to "the status of", the reason being that you do not wish, in advance of the main negotiations on the future of Hong Kong, to give the Chinese the impression that we have already decided to take a firm position with regard to territorial sovereignty over Hong Kong.

3.

I see no objection to this amendment for present purposes, particularly since it is based on a memorandum of understanding which we already have with the Chinese about air services, and which was signed on 26 July 1979. However, I do not think that we should regard ourselves as bound by this precedent during the negotiations over the future of Hong Kong. In the latter context it may be sufficient at the outset to insert a note in the draft agenda for the Prime Minister's talks which is again based on the air services precedent. However, before the stage is reached in those negotiations that one side or the other is speaking of territorial sovereignty over Hong Kong, and in effect opening negotiations on that issue, I think we must ensure that the negotiations are covered by an adequately drafted written record protecting our own position with regard to territorial sovereignty. Until we know what options the Prime Minister is prepared to discuss with the Chinese in the autumn it is of course premature to advise on the best form of words to protect our position. When we come to do so I hope that we will not regard ourselves as being in any way committed to follow the precedent in the air services understanding.

15 June 1982

SECRET

7. Bunows

F Burrows

Legal Counsellor

Aunderstand

anders had