M.Pill.
Sir P Cradock PS/MrLace
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fu
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Mr Galsworth
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PAKKOUD/50
14SEP 1984
FROM: A C GALSWORTHY, HKD,
DATE: 10 September 1984.
cc: PS
need to explan in ferate
PS/PUS
FED
Maxter
PA
Action Take
Paul Rust RICHA
Legal Advisers Research Department
RICHARD LUCE
14 Arends in
FUTURE OF HONG KONG: DRAFT WHITE PAPER
1.
Thank you for your helpful minute on the White Paper.
I agree that the first amendment proposed by Mr Luce is an improvement, and will change the text accordingly.
2.
I think that there is a good reason for not referring explicitly to the word "treaty" in the White Paper. The problem is that this word has an extremely negative connotation for the Chinese. If we called the document a treaty with a small "t" we should be correct in international law. I fear however that the Chinese would then attempt to refute us publicly by saying that the document was not a treaty. They would be wrong in terms of international law, but this would probably not stop them doing so, and the effect would be damaging. I therefore think that a better way of dealing with this would be not to include a reference to the word "treaty" in the White Paper, but to point out in private briefing, as we are already doing, that there is actually no difference in international law between an agreement and a treaty, and to hope that this comes across in press comment.
10 September 1984
SECRET
Freja
A C Galsworthy
Hong Kong Department
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