TNAG-1332-FCO40-1762-Future-of-Hong-Kong-White-Paper-on-the-Joint-Declaration-1984 — Page 287

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THENNATIVE TO THE PRESENT AGREEMENT

27. THEGGREEMENT HAS BEEN NEGOTIATED IN DETAIL BETWEEN REPRESENTATIVES OF THE BRITISH AND CHINESE GOVERNMENTS, AND CONTAINS EVERYTHING WHICH COULD REALISTICALLY BE PUT INTO IT. THE NEGOTIATORS HAVE AT ALL TIMES 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 WIT THERE OTHER INTERNATIONAL AGREEMENTS NEGOTIATED BETWEEN NATIONS, IS NO REALISTIC POSSIBILITY OF AMENDING THE TEXT, WHICH HAS BEEN INITIALLED BY BOTH SIDES. THE CHINESE GOVERNMENT IN PARTICULAR HAS MADE IT CLEAR THAT ONCE THE AGREEMENT HAS BEEN INITIALLED AND PUBLISHED THEY CANNOT ENTERTAIN PROPOSALS FOR AMENDMENT.

28.

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, OR AN AMENDED AGREEMENT, OR A DIFFERENT AGREEMENT. THE ALTERNATIVE TO ACCEPTANCE OF THE PRESENT

IN THIS CASE THE AGREEMENT IS TO HAVE NO AGREEMENT AT ALL. CHINESE GOVERNMENT HAVE MADE IT PLAIN THAT NEGOTIATION WOULD BE AT AN END AND THAT THEY WOULD PUBLISH THEIR OWN PLAN FOR

HONG KONG. IT IS CLEAR THAT THERE COULD BE NO GUARANTEE THAT SUCH PLANS WOULD INCLUDE ALL THE ELEMENTS INCLUDED IN THE PRESENT

IT IS ALSO CLEAR DRAFT AGREEMENT AS A RESULT OF NEGOTIATIONS.

THAT A UNILATERAL PLAN COULD NOT HAVE THE SAME STATUS AS A LEGALLY BINDING AGREEMENT BETWEEN TWO GOVERNMENTS.

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 THEREFORE ALSO REVERT. THE PRESENT TERRITORY OF HONG KONG, INCLUDING THE NEW TERRITORIES, IS AN INTEGRAL WHOLE WHICH IT WOULD BE IMPOSSIBLE TO DIVIDE.

29. THE CHOICE IS THEREFORE CLEAR. IT IS BETWEEN REVERSION OF HONG KONG TO CHINA UNDER AGREED, LEGALLY BINDING INTERNATIONAL ARRANGEMENTS OR REVERSION TO CHINA WITHOUT SUCH ARRANGEMENTS.

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