TNAG-1332-FCO40-1762-Future-of-Hong-Kong-White-Paper-on-the-Joint-Declaration-1984 — Page 259

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26. The negotiators have at all times taken into account the views

expressed during the negotiations by the Hong Kong people and their interests. As is normal with international agreements negotiated between nations, there is no realistic possibility of amending the text, which has been initialled by both sides. The agreement must

be taken as a whole. In addition the Chinese Government has made it clear that once the agreement has been initialled and published they are not willing to entertain proposals for amendment.

27. HMG have a duty to make clear beyond any possibility of misunderstanding the alternative to acceptance of the agreement set out in this White Paper. There is no possibility of an improved agreement. The alternative to acceptance of the present agreement

is to have no agreement at all. In this case the Chinese Government

have made it plain that negotiation would be at an end and that they would publish their own plan for Hong Kong. Such a unilateral plan would probably not include all the elements included in the draft

agreement, nor would it have the same status as a legally binding

agreement between the two countries. Whether or not there is an

agreement between HMG and the Government of the PRC the New

Territories will revert to China on 1 July 1997 under the terms of the 1898 Convention of Peking, and the remainder of Hong Kong (the ceded territories of Hong Kong Island, Kowloon and Stonecutters Island) which would not be viable alone, must also therefore revert. HMG is satisfied that there is no possibility of dividing the New Territories which revert to China on 1 July 1997 from the ceded

territories. The choice is therefore between reversion of Hong Kong to China under agreed, legally binding international arrangements or reversion to China without such arrangements. This is not a choice which HMG have wished to impose on the people of Hong Kong. It is a choice imposed by the facts of Hong Kong's history.

28.

However HMG have no hesitation in commending the Agreement to the people of Hong Kong and to Parliament. It provides a framework to preserve Hong Kong's unique economic system and way of life as a Special Administrative Region of the People's Republic of China from 1 July 1997. The Agreement preserves Hong Kong's familiar legal system and the body of laws in force in Hong Kong, including the common law. The agreement gives Hong Kong a high degree of autonomy

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