TNAG-1311-FCO40-1673-Future-of-Hong-Kong-1984 — Page 68

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4. Hong Kong opinion attaches importance to the

registration of the agreement at the UN. Although unilateral registration by one or both parties is the more common

practice, joint registration, for which there are precedents,

has some attraction in this case. The procedure would have

symbolic importance in demonstrating the political commitment of both sides to the implementation of the agreement.

5.

Although the Chinese are not likely to take any

initiative on registration, we judge that there is a

possibility of their agreeing to joint registration.

Encouraging signs are Wu Xueqian's statement to the NPC Standing Committee about the legal status of the agreement

and attempts by Chinese leaders to allay concern in Hong Kong about their commitment to implementing the agreement. But i f

the Chinese were to refuse to agree to joint registration we

would have to persist in registering the agreement unilaterally.

6. We have had some discussion with Peking and Hong Kong

about this, and about the timing of any approach to the

Chinese. We are all agreed that it is worth having a try for joint registration. Hong Kong are in favour of approaching

the Chinese about it sooner rather than later so that we

shall be in a position to answer questions about what we

intend to do in the run-up to ratification. Peking expressed

a preference, though not a very strong one, for leaving the

matter until after ratification. We agree with Hong Kong, who

have now proposed that the Secretary of State should raise

the matter at his meeting with Wu Xueqian during the Prime

Minister's visit. We agree that this is a good moment to put down a marker, which can be followed up later.

7. Hong Kong were a little concerned that we would be

registering only the agreement and its Annexes, and not the Exchange of Memoranda. There are in fact procedures which

bring the Exchange of would enable us to "file and record"the Exchange

Memoranda with the UN,

to the attention of

to send a copy of them to the UN

CONFIDENTIAL