TNAG-1249-FCO40-1563-Press-reports-on-the-future-of-Hong-Kong-1983 — Page 170

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CONFIDENTIAL

FM FCO 211045Z SEP 83

TO IMMEDIATE BRUNET

CONFIDENTIAL

мско 40/2

RECEIVED IN REGISTRY

:

22SEP 1783NO_DISTRIP!

DESK OFFICER

INCIA

TELEGRAM NUMBER 194 OF 21 SEPT

PA

RY

→ CM2619

FOLLOWING TELEGRAM NOW REPEATED TO YOU (FOR PS/MR LUCE) AT

REQUEST OF DEPT WAS RECEIVED FROM PEKING TELNO 913 OF 20 SEPT

AND TO IMMEDIATE HONG KONG

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FUTURE OF HONG KONG: COMMENTARY IN PEOPLE'S DAILY

224

سیلاز

1. PEOPLE'S DAILY OF 20 SEPTEMBER CARRIED A LENGTHY ARTICLE UNDER TH

E

HEADLINE CHINA RECOVERING SOVEREIGNTY OVER HONG KONG IS ENTIRELUH

CONSISTENT WITH INTERNATIONAL LAW''. IT WAS TAKEN FROM A LONGER

ARTICLE IN THE FOURTH VOLUME OF THE QUARTERLY ''STUDY OF

INTERNATIONAL AFFAIRS''. WE HAVE NOT YET RECEIVED THIS.

2. THE ARTICLE ARGUES ITS CASE UNDER THREE SUBHEADINGS:

A. THE ILLEGALITY IN INTERNATIONAL LAW OF THE THREE TREATIES:

B. THE LACK OF A LEGAL BASIS FOR THE SO-CALLED ''EXCHANGE OF

SOVEREIGNTY FOR ADMINISTRATION'':

C. WHO GENUINELY REPRESENTS THE PEOPLE OF HONG KONG?

3. THE ARGUMENTS UNDER A ARE: THE BRITISH INVADED CHINA AND USED

COERCION IN THE SIGNING OF ALL THE TREATIES. THEY THEREFORE HAVE

NO VALIDITY IN INTERNATIONAL LAW. IN SUPPORT OF THIS A NUMBER OF

INTERNATIONAL LAWYERS ARE CITED AND ALSO THE STIPULATION OF THE

1969 VIENNA CONVENTION ON TREATY LAW'' THAT TREATIES WHICH

VIOLATE THE PRINCIPLES OF INTERNATIONAL LAW CONTAINED IN THE UN

CHARTER AND WHICH ARE SIGNED THROUGH THE THREAT OR USE OF FORCE

ARE INVALID. ARTICLE 64 OF THIS CONVENTION ALSO STIPULATES THAT

A TREATY ALREADY IN EXISTENCE BECOMES INVALID SHOULD IT CONTRADICT

ANY NEW NORM EMERGING IN INTERNATIONAL LAW. THE ARTICLES STATES

THAT FOLLOWING THE SECOND WORLD WAR THERE EMERGED A SERIES OF

PRINCIPLES IN INTERNATIONAL LAW WHICH SUPPORTED THE SOVEREIGN

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CONFIDENTIAL