TNAG-1315-FCO40-1708-Future-of-Hong-Kong-preparation-of-the-Joint-Declaration-1984 — Page 8

SECRET

6766 1

-

DD 170100Z PEKING

GRS 600

SECRET

DESKBY 170100Z

FM FCO 161630Z MAR 84

TO IMMEDIATE PEKING

TELEGRAM NUMBER 232 OF 16 MARCH

INFO IMMEDIATE HONG KONG

IN

MKK04014

HY

804

138) YOUR TELNO 441: FUTURE OF HONG KONG: TIMETABLE

Taker

JB 21/3

1. YOUR PARA 1(A). THE NEED FOR PARLIAMENTARY DEBATE BEFORE

THE SIGNATURE OF AN INTERNATIONAL AGREEMENT IS NOT A QUESTION OF

PROCEDURE BUT ONE FOR POLITICAL JUDGEMENT. THERE IS NO CENTRAL

RECORD, EITHER HERE OR IN THE HOUSES OF PARLIAMENT, TO WHICH

WE CAN REFER FOR PRECEDENTS. THE ONLY ONE WHICH CAN BE READILY

LOCATED IS THE TREATY OF ACCESSION TO THE EUROPEAN COMMUNITIES

(YOUR PARA 2). IN THAT CASE SIGNATURE OF THE TREATY IN JANUARY

1972 WAS PRECEDED BY A 'TAKE NOTE' DEBATE IN JULY 1971 AND BY A

FORMAL DEBATE ON THE 'DECISION OF PRINCIPLE' IN OCTOBER 1971.

2.

IN INFORMAL DISCUSSION WITH THE CHINESE YOU MIGHT TAKE THE

LINE THAT AN AGREEMENT ON THE FUTURE OF HONG KONG WOULD BE OF

A COMPARABLE ORDER OF IMPORTANCE TO BRITISH ACCESSION TO THE

EUROPEAN COMMUNITY. SUCH FUNDAMENTAL QUESTIONS AS SOVEREIGNTY

WOULD BE AT ISSUE. IN THOSE CIRCUMSTANCES, PARLIAMENT WOULD RE-

ACT VERY STRONGLY IF MINISTERS SOUGHT TO MOVE TOWARDS SIGNATURE

OF AN AGREEMENT IN ADVANCE OF A FULL PARLIAMENTARY DEBATE.

HENCE THE JUDGEMENT OF MINISTERS THAT PARLIAMENT MUST BE GIVEN

A PROPER INTERVAL TO CONSIDER MATTERS FULLY ON THE BASIS OF A

DRAFT AGREEMENT AND THEN TO EXPRESS ITS COLLECTIVE VIEW BEFORE

SIGNATURE.

3. YOUR PARA 1(B). THE ONLY PRECEDENT THAT WE CAN TRACE IN THE

TIME AVAILABLE IS THE INTERNATIONAL CONVENTION AGAINST TAKING

OF HOSTAGES. THE UK SIGNED THIS ON 18 DECEMBER 1979, BUT

SPACE FOR THE ENABLING BILL COULD NOT BE FOUND IN THE LEGISLATIVE

PROGRAMME UNTIL 10 FEBRUARY 1982, WHEN IT WAS INTRODUCED IN THE

LORDS. IT EVENTUALLY RECEIVED THE ROYAL ASSENT ON 13 JULY 1982,

AND WE DULY RATIFIED THE CONVENTION ON 22 DECEMBER 1982. YOU

1

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(151)

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HKKOAG/A

2:14

6766 - 1

MAY MENTION THIS PRECEDENT IF YOU ARE PRESSED ON THE POINT, BUT WE

SHOULD PREFER YOU NOT TO TAKE THE INITIATIVE IN REFERRING TO THE

MATTER OF RATIFICATION. FOR YOUR OWN INFORMATION, THIS IS AN

ASPECT OF OUR PROPOSED TIMETABLE WHICH IS UNDER PARTICULARLY CLOSE

STUDY HERE AT PRESENT.

4. IF APPROPRIATE, YOU MAY WISH TO EXPAND ON YOUR EARLIER

EXPLANATION TO ZHOU NAN OF THE NEED TO AVOID GIVING THE APPEARANCE OF RUSHING PARLIAMENT (YOUR TELNO 406., PARA 4). YOU ·

MIGHT SAY THAT BRITISH PARLIAMENTARY HISTORY IS FULL OF OCCASIONS

ON WHICH ONE HOUSE OR THE OTHER HAS ASSERTED ITS INDEPENDENCE

TO THE POINT OF DELAYING, AMENDING OR EVEN REJECTING PROPOSED

LEGISLATION, ESPECIALLY WHEN IF FELT THAT ITS ASSENT WAS BEING

TAKING FOR GRANTED. A CASE IN POINT IS THE PASSAGE OF THE

CANADA ACT 1982, DEALING WITH THE 'REPATRIATION' OF THE CANADIAN

CONSTITUTION. WITHOUT GOING INTO DETAILED HISTORY YOU COULD MAKE

THE POINT THAT MPS REACTED STRONGLY AGAINST SUGGESTIONS FROM

OUTSIDE PARLIAMENT THAT IT WAS NOT FOR THEM SERIOUSLY TO DEBATE

THE PROPOSALS AT ISSUE. THE RESULT WAS WIDE-SPREAD SUSPICION OF

THE GOVERNMENT'S INTENTIONS, INSISTENCE ON PERFORMING PARLIAMENT'S

ROLE SERIOUSLY, AND CONSEQUENTLY CONSIDERABLE DELAY. THERE IS

A GENERAL LESSON TO BE DRAWN FOR HANDLING OF HONG KONG THAT ANY

PERCEIVED ATTEMPT TO RUSH PARLIAMENT INTO A DECISION COULD AROUSE

RESISTANCE AMONG PARLIAMENTARIANS WHO MIGHT OTHERWISE BE WELL

DISPOSED TOWARDS THE GOVERNMENT'S PROPOSALS.

མསྐུ་

HOWE

FUTURE OF HONG KONG

COPIES TO:

המינידה.

PLANNING STAFF

PUSD

D/ED/PUSD

PES B. (MR TALKER)

LEGAL ADVISER (STR TAN SINCLAIR

PS

PS/LADY YOUNG

PSAE LUCE

PS/PUS

SER J BULLARD

SIR W HARDING

YR WILSON

AR FRIGHT SIR C MICKELL

BUCKINGHAM PALACE PS/LORD PRESIDENT

PS/HOME SECRETARY

1:15 COUNCIL

PS/CHANCELLOR OF THE EXOTEQUER

PS/LORD PRIVY SEAL

PS/SECRETARY FOR TRADE & INDUSTRY

COPIES TO: (VIA ADR)

MR ROBERTS

HR BURROWS

I ́EWS D

LEGAL ADVS

MR COLES NO 10 DOWNING ST

MR. MARTIN ASSESSMENT STAFF CABINET OFFICE

MR GOODALL CABINET OFFICE

MR. BRENNAN CABINET OFFICE

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

SIR ? CRADOCK BU KĀS

CRADOCK NO 10 DOWNING STREET

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A The National Archives

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DEPARTMENT/SERIES

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fco 40 1708/1

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page(s)

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Initial & Date

Ab 22/08/2019

Closed under FOI Exemption(s)

Section:

27(1)