TNAG-1239-FCO40-1552-Future-of-Hong-Kong-1983 — Page 167

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PERSONAL

TELELETTER

FROM R D CLIFT, HKD FCO

MKK040/1

RECEIVEO

DECK

INDEX

13 JUL 1983

TA

*. 51

4108

REGISTRY

Stion Taken

7 KM2518

FILE REFERENCE HKK 040/8 PART B DATED 11 JULY 1983

FOLLOWING FOR L M DAVIES ESQ CMG, SECRETARY (GENERAL DUTIES)

GOVERNMENT SECRETARIAT, HONG KONG

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༡༩༦ལ

COPIED TO SIR P CRADOCK GCMG, HM AMBASSADOR, PEKING

PRECEDENTS FOR A DIVISION BETWEEN SOVEREIGNTY AND ADMINISTRATION

THANK YOU FOR YOUR LETTER OF 4 JULY AND ENCLOSURE. WHEN I

RECEIVED IT, I WAS ON THE POINT OF WRITING ABOUT THE REFERENCE

IN PARAGRAPH 20 OF THE MINUTES OF THE PART II EXCO MEETING HELD

ON 29 JUNE TO SIR S Y CHUNG'S SUGGESTION THAT A PAPER SHOULD BE

PREPARED ON THIS SUBJECT. AS IT HAPPENS, THE SECRETARY OF STATE

HAS QUITE SEPARATELY ASKED US TO PREPARE A PAPER ON THESE LINES.

THIS IS NOW IN HAND AND I SHALL SEND YOU A COPY OF THE DRAFT.

2. WITH REGARD TO THE POINT IN PARAGRAPH 3 OF YOUR LETTER, OUR

VIEW IN THE DEPARTMENT IS THAT THE USE OF PRECEDENTS OF THIS SORT

SHOULD BE VIEWED FROM TWO SEPARATE ANGLES. WE CAN CITE EXAMPLES

OF EARLIER DIVISIONS OF SOVEREIGNTY AND ADMINISTRATION IN GENERAL

SUPPORT OF OUR ARGUMENT THAT THESE ELEMENTS NEED NOT BE COMBINED

IN INTERNATIONAL LAW AND PRACTICE. BUT WE MUST BE WARY OF

ASSUMING THAT DETAILED EXPOSITION OF THE PRECEDENTS WILL HELP US

VERY MUCH IN CONVINCING THE CHINESE OR THAT THEY WOULD ACCEPT THEM

AS MODELS. THE TROUBLE OF COURSE IS THAT PRETTY WELL ALL OF

THEM ARE COLONIALIST IN ONE FORM OR ANOTHER AND GENERALLY

INVOLVED A WESTERN POWER IMPOSING ITS AUTHORITY ON A THIRD WORLD ONE, FOR INSTANCE THROUGH A LOCAL RULER. I NOTE THAT THE GOVERNOR IN THE EXCO DISCUSSION PUT IN A NOTE OF CAUTION ABOUT THE USE OF

PRECEDENTS.

1

SIGNED R D CLIFT

1

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