TNAG-1314-FCO40-1696-Working-papers-for-use-at-talks-on-the-future-of-Hong-Kong-1984 — Page 137

IMPLICATIONS.

1. THE CHINESE AND BRITISH AUTHORITIES WOULD IN APPROPRIATE CASES COOPERATE TO ENSURE, WITH THE AGREEMENT OR CONCURRENCE OF THE OTHER PARTIES, THE CONTINUED APPLICATION OF THE MANY BILATERAL AND MULTILATERAL TREATIES WHICH HAVE ALREADY BEEN APPLIED TO HONG KONG.

2. SINCE A LARGE NUMBER OF TREATIES WOULD HAVE TO BE CONSIDERED THE MOST CONVENIENT COURSE MIGHT BE TO ESTABLISH A JOINT COMMISSION FOR THIS PURPOSE, COMPOSED OF REPRESENTATIVES OF THE CHINESE AND BRITISH SIDES. THE JOINT COMMISSION WOULD ALSO EXAMINE WAYS OF ENSURING THAT THE HONG KONG SAR, AS HONG KONG CHINA, COULD ENTER INTO TREATIES IN ITS OWN RIGHT. SUCH

A COMMISSION COULD BE ESTABLISHED AS PART OF

A BILATERAL AGREEMENT ON ARRANGEMENTS FOR THE FUTURE OF HONG KONG. ENDS.

3. WE THINK IT WOULD BE ADVISABLE TO AVOID MENTIONING EXPLICITLY THE POSSIBILITY OF INCLUDING EXPERTS FROM HONG KONG, WHICH WILL AT THIS STAGE GIVE RISE TU CHINESE ACCUSATIONS ABOUT ''THE THREE LEGGED STOOL''. IF WE REACH A GENERAL

AGREEMENT WE WOULD NOT EXPECT ANY DIFFICULTY IN BRINGING IN THE APPROPRIATE EXPERTISE FROM HONG KONG.

4. ON PARA 3 OF HONG KONG TEL NO 1765 | FAVOUR PUTTING THIS PAPER FORWARD NOW. IT CONTAINS AN IDEA (THE JOINT COMMISSION) AND THE CHINESE HAVE BEEN ASKING US FOR POSITIVE IDEAS. IT ALSO IMPLIES THAT THE DETAIL OF WHICH TREATIES SHOULD CONTINUE TO APPLY TO HONG KONG AFTER 1997 SHOULD BE WORKED OUT BETWEEN SIGNATURE OF AN AGREEMENT ON A PACKAGE AND 1997, WHICH SHOULD FIT CHINESE IDEAS WELL.

CRADUCK

FUTURE OF HONG KONG

LIMITED

HD/HKD

ED/FED

COPIES TO: (VIA DISTR. ROOM)

SIR PHILIP MOORE BUCKINGHIAM PALACE PS/LORD PRESIDENT OF THE COUNCIL

PS/HOLE SECRETARY

PS/CHANCELLOR OF THE EXCHEQUER

PS/LORD PRIVY SEAL

PS/SECRETARY FOR TRADE AND

ED/PLANNING STAFF

ED/PUSD

D/HD/PUSD(R FLOWER)

RESEARCH DEPT(KR WALKER)

LEGAL ADVISER (SIR IAN SINCLAIR)

PS

PS/LADY YOUNG

PS/R LUCE

PS/PUS

SIR J BULLARD

MR GIFFARD

MR DONALD

MR FRIGEST

370

2

SECRET

INDUSTRY

COPIES TO:

(VIA ADR)

MR ROBERTS

NEWS DEPT

ME BURROWS LEGAL ADVISERS MR COLES NO 10 DOWNING ST SIR A PARSONS

tt

MR MARTIN ASSESSMENT STAFF CABINET OFFICE KR GOODALL CABINET OFFICE HR

BRENNAN PS/S OF S FOR DEFENCE PS/ATTORNEY GENERAL

It