TNAG-1314-FCO40-1696-Working-papers-for-use-at-talks-on-the-future-of-Hong-Kong-1984 — Page 127

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OO HONG KONG

GRS 542

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FM FCO 201100Z DEC 83

TO IMMEDIATE HONG KONG

TELEGRAM NUMBER 1353 OF 20 DECEMBER

INFO IMMEDIATE PEKING

MKK040/18

YOUR TELNO 1936: FUTURE OF HONG KONG: WORKING PAPER ON TREATIES

1. WE HAVE REVIEWED THE ARGUMENTS IN OUR TELNO 1298 (WHICH YOUR

TUR DOES NOT DIRECTLY ADDRESS) AND HAVE SUBMITTED THE QUESTION TO

THE LEGAL ADVISER. WE CONTINUE TO FAVOUR THE COURSE WHICH WE

HAVE PROPOSED, ON THE FOLLOWING GROUNDS:

(A) PROCEDURE.

IT WILL CLEARLY BE

2. WE CAN ENVISAGE NO ALTERNATIVE APPROACH.

NECESSARY TO DISCUSS BILATERALLY WITH THE CHINESE THE WHOLE RANGE OF TREATIES CURRENTLY APPLYING TO HONG KONG AND AGREE ON

ARRANGEMENTS FACILITATING A SMOOTH TRANSITION IN 1997. THE

TREATIES CANNOT REALISTICALLY BE TACKLED PIECEMEAL. OUR PROPOSED

APPROACH DOES NOT, OF COURSE EXCLUDE THE POSSIBILITY THAT

TECHNICAL SUBJECTS SUCH AS EXTRADITION OR CIVIL AVIATION MIGHT BE

ASSIGNED BY THE COMMISSION TO SUBORDINATE WORKING GROUPS OR EVEN

DEALT WITH IN SEPARATE FORA (PARA 2 OF TUR). WE HAVE ALREADY

POINTED OUT THAT BY MAKING THIS. PROCEDURAL PROPOSAL WE SHOULD NOT

BE PREJUDICING IN ANY WAY OUR EVENTUAL POSITION ON SUBSTANCE. IF

THERE ARE ARRANGEMENTS WHICH WE MAY WISH TO AMEND BEFORE 1997 THIS WOULD BE POSSIBLE DURING THE LONG PERIOD AVAILABLE FOR

PREPARATION BEFORE THE START OF BILATERAL DISCUSSIONS WITH THE CHINESE (SEE OUR TUR)..

(B) CONFIDENCE.

THE ANNOUNCEMENT THAT A JOENT COMMISSION WILL BE ESTABLISHED

SHOULD IN ITSELF BE BENEFICIAL TO CONFIDENCE AS AN EXPRESSION OF

SHARED CONCERN FOR THE TERRITORY'S FUTURE. IT WOULD HAVE A

NATURAL PLACE IN A JOINT STATEMENT ON AGREEMENT FOR 1984. THIS

RAISES QUESTIONS OF TIMING AND PRACTICABILITY.

(C) TIMING AND PRACTICABILITY (SEE ALSO OUR TUR, PARAS 2-3). 4. OUR BEST ESTIMATE IS THAT THE EXERCISE WHICH YOU PROPOSED IN

see (30) 208

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