TNAG-1339-FCO40-1771-Visit-by-Margaret-Thatcher--UK-Prime-Minister--to-Beijing-fo-1984 — Page 178

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

GR 800

CONFIDENTIAL

CONFIDENTIAL

DESKBY 11103OZ

FM HONG KONG 11095OZ DEC 84

TO IMMEDIATE FCO

HKK 040/57

RECEIVED IN REGISTRY

TOP CODEC 1934

TELEGRAM NUMBER 3765 OF 11 DECEMBER

INFO IMMEDIATE PEKING, TOKYO (PERSONAL FOR SIR E. YOUDE)

290

(297)

YOUR TELNO 1523 TO PEKING AND PEKING TELNO 2949: HONG KONG AGREEMENT: PRIME MINISTER'S VISIT: SECRETARY OF STATE'S TALK WITH FOREIGN MINISTER.

1. WE HAVE THE FOLLOWING COMMENTS ON THE SPEAKING NOTES IN FIRST TEL UNDER REF:

(A) PARA 1: WE AGREE WITH PEKING'S PROPOSED AMENDMENT (PARA 1(A)

OF PEKING TEL UNDER REF).

(B) PARA 2

7

(1) THIRD SENTENCE: WE SEE NO NEED TO CONCEDE THAT THE BASIC LAW WILL BE CHINESE IN STYLE'', THE REFERENCE TO THE "BRITISH LEGAL SYSTEM' MIGHT ALSO BE JARRING ON CHINESE EARS, AS MIGHT THE IMPLICATION THAT THE HONG KONG COURTS WILL INTERPRET THE BASIC LAW (THOUGH THIS IS WHAT WE WOULD LIKE TO SEE, THE POINT IS PERHAPS BEST LEFT UNTIL A LATER STAGE). WE SUGGEST SUBSTITUTING THE FOLLOWING:

*'ESSENTIAL THAT BASIC LAW SHOULD BOTH MEET HONG KONG'S NEEDS AND SHOULD BE FULLY COMPREHENSIBLE IN THE TERRITORY, WHERE COMMON LAW SYSTEM WILL CONTINUE TO BE USED.''

(11) SINCE THE FIFTH SENTENCE MAKES CLEAR THAT WE ARE NOT ASKING

FOR ANY LOCUS STANDI IN THE DRAFTING OF THE BASIC LAW, THE WORD INFORMALLY'' COULD BE DROPPED FROM THE FOURTH SENTENCE.

1

(C) PARA 3: WE SUGGEST ADDING AND THAT THEIR VIEWS WILL BE TAKEN

SERIOUSLY AT THE END OF THE SECOND SENTENCE.

(D) PARA 8: THE FIRST SENTENCE IS A LITTLE TOO DEFENSIVE AND THE LAST SENTENCE LOOKS UNNECESSARILY FAR AHEAD. WE SUGGEST THAT BOTH BE DELETED AND THE SECOND SENTENCE AMENDED TO READ: ''HONG KONG GOVERNMENT OFFICIALS WILL OF COURSE BE MEMBERS OF THE BRITISH TEAM.'

(E) PARA 10: THE POINTS IN THE THIRD AND FOURTH SENTENCES WILL NEED

TO BE HANDLED VERY CAREFULLY. THE FIFTH SENTENCE AS IT STANDS IS NOT CONSISTENT WITH THE TERMS OF SECTION XIV OF ANNEX 1. WE SUGGEST DELETING THE LAST THREE SENTENCES OF THIS PARAGRAPH AND SUBSTITUTING:

VERY IMPORTANT TO ENSURE ACCEPTANCE BY THIRD COUNTRIES OF BRITISH PASSPORTS CORRESPONDING TO NEW STATUS. TWO ESSENTIAL REQUIREMENTS: FIRST, IN ORDER TO BE ABLE TO ISSUE PASSPORTS WE MUST MAKE IT CLEAR IN OUR LAW THAT NEW STATUS IS A FORM OF BRITISH NATIONALITY. SECOND, MUST CLEARLY INDICATE

CONFIDENTIAL

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THAT.

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