TNAG-1332-FCO40-1762-Future-of-Hong-Kong-White-Paper-on-the-Joint-Declaration-1984 — Page 263

(E) WE ARE DOUBTFUL OF THE WISDOM OF REFERRING PUBLICLY TO THE

BACKGROUND AND WORKING PAPERS. THE CHINESE WOULD SEE THIS AS

PREJUDICING THEIR POSITION THAT POST-1997 POLICIES HAVE

NOT BEEN THE SUBJECT OF NEGOTIATION.

(F) PARAGRAPH 11, SECOND SENTENCE: THE CHINESE TABLED DRAFTS OF A JOINT DECLARATION (NOT AN AGREEMENT) AND ASSOCIATED DOCUMENTS.

THIS DIFFERENCE COULD BE CIRCUMVENTED BY DELETING AND ASSOCIATED

DOCUMENTS''

(G) PARAGRAPH 18:

1

(1) REFERENCE TO THE AGREEMENTS BEING A TREATY WOULD BE

BADLY RECEIVED HERE. IT COULD WELL PROVOKE A CHINESE COUNTER-

STATEMENT. IN THE HONG KONG CONTEXT THE WORD IS TOO CLOSELY

ASSOCIATED IN CHINESE MINDS WITH THE THREE **UNEQUAL TREATIES.

REFERENCE SHOULD BE DELETED.

THE

(11) WE QUESTION FOR SIMILAR REASONS WHETHER IT IS WISE TO

INCLUDE THE REFERENCE TO UN REGISTRATION. THE CHINESE MIGHT WELL

CONSTRUE SUCH A STATEMENT AS AN ATTEMPT TO ELEVATE THE

AGREEMENT TO ''TREATY** STATUS AND TO INTERNATIONALISE THE

QUESTION. WE SEE POWERFUL PRESENTATIONAL ARGUMENTS IN FAVOUR OR

ITS INCLUSION. BUT IF THE CHINESE REATED PUBLICLY BY OPPOSING

SUCH A MOVE, WE WOULD BE STUCK WITH A COMMITMENT WHICH IT WOULD

BE DIFFICULT TO IMPLEMENT. WE SHOULD ON BALANCE PREFER DELETION

OF THE REFERENCE.

(H) PARAGRAPH 20: (1) WE ARE NOT SURE THAT IT IS ACCURATE TO ARGUE THAT ANNEX 1 HAS BEEN DRAFTED IN RESPONSE TO THE WORKING

PAPERS PRESENTED BY THE BRITISH SIDE IN THE COURSE OF THE

NEGOTIATIONS'. IN ANY CASE, THE PHRASE UNMASKS THE CHINESE

POSITION THAT CHINA'S POST 1997 POLICIES HAVE BEEN DETERMINED

UNILATERALLY.

(11) POINTS (E) AND (F) SHOULD BE COMBINED AS ONE. NATIONALITY

IS MISSING FROM THE LIST:

(111) THE ORDER IN WHICH THE SUBJECTS COVERED BY ANNEX 1 ARE

LISTED WILL NEED TO REFLECT THE ORDER WHICH IS FINALLY AGREED FOR THE ANNEX ITSELF.:

(1) PARAGRAPHS 27 AND 28: IT IS IMPORTANT THAT THE

**ALTERNATIVE" IS CLEARLY STATED, AS IT IS IN PARAGRAPH 28. HOWEVER, WHAT HAS BEEN ACHIEVED IS DESCRIBED IN SOMEWHAT PESSIMISTIC TERMS. THIS SECTION COULD ALSO BE COMPRESSED. WE SUGGEST THAT AND CONTAINS....INTO IT BE DELETED FROM THE FIRST SENTENCE OF PARAGRAPH 27 AND THE REST OF THE TWO PARAGRAPHS BE REDRAFTED AS FOLLOWS: THE NEGOTIATORS HAVE AT ALL TIMED TAKEN INTO ACCOUNT THE VIEWS EXPRESSED DURING THE NEGOTIATIONS BY THE HONG KONG PEOPLE AND THEIR INTERESTS. THE AGREEMENT MUST BE SEEN

AS A WHOLE. AS IS THE CASE WITH OTHER NEGOTIATED INTERNATIONAL AGREEMENTS, THE TEXT CANOT BE OPEN TO AMENDMENT. THIS MEANS THAT THE ALTERNATIVE TO ACCEPTANCE OF THE AGREEMENT IS TO HAVE

NO AGREEMENT AT ALL. IN THIS CASE.. 1

•

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