TNAG-1356-FCO40-1797-Constitutional-development-in-Hong-Kong-1985 — Page 163

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SUGGESTION THAT THE CHINESE ARE ASSERTING AND THE UK ALLOWING THE JLG A SUPERVISORY ROLE OVER THE PRE-1997 ADMINISTRATION BY POINTING OUT THAT UNDER THE JLG IT IS FOR BRITAIN TO ADMINISTER THE TERRITORY UNTIL 1997 AND THAT ACCORDINGLY ANY DECISIONS WILL BE TAKEN BY BRITAIN: THERE IS THUS NO QUESTION OF THE JLG EXERCISING ANY 'SUPERVISORY' ROLE. WE COULD ADD TO THIS THAT WE

DO NOT THINK IT WOULD BE SENSIBLE AND CONSTRUCTIVE TO REFUSE TO LISTEN TO THE CHINESE IF THEY HAVE ANYTHING WHICH THEY WISH TO

SAY TO US ON THE SUBJECT. WE MIGHT ALSO ADD THAT WE SEE EVERY

ADVANTAGE IN BRIEFING THEM ON WHAT WE HAVE ALREADY DONE IN HONG

KONG SINCE IT IS TO EVERYONE'S BENEFIT THAT THEY SHOULD FULLY

UNDERSTAND THE SITUATION IN HONG KONG. IT MIGHT HELP TO DEFUSE

WORRIES ABOUT SECRET DEALS' BETWEEN HMG AND THE CHINESE

GOVERNMENT IF WE WERE TO POINT OUT THAT THERE WILL BE A GREEN

PAPER IN 1987 AND THAT EVERYONE IN HONG KONG WILL HAVE AN OPPORTUNITY TO EXPRESS THEIR VIEWS ON IT BEFORE (NEXT WORD

UNDERLINED) ANY DECISIONS ARE TAKEN.

口

ON THE QUESTION OF THE FORMAL COMPETENCE OF THE JLG,

WHILE PARAGRAPHS 4 AND 5 OF ANNEX 2 DO GIVE GENERAL GUIDANCE ON THE SUBJECTS FOR DISCUSSION BY THE JLG IN THE TWO PERIODS, THEY ARE NOT ACTUALLY EXCLUSIVE. IT WOULD BE OPEN TO THE CHINESE TO

ARGUE THAT IF THERE ARE MATTERS DURING THE FIRST PERIOD WHICH

RELATE TO THE SMOOTH TRANSFER OF GOVERNMENT IN 1997 IT IS PROPER

FOR THE JLG TO CONSIDER THEM. WE THINK IT WOULD HARDLY BE

CREDIBLE TO ARGUE THAT CONSTITUTIONAL CHANGES HAVE NO BEARING ON A SMOOTH TRANSFER OF GOVERNMENT IN 1997. THIS IS ONE

REASON WHY WE ARE PARTICULARLY ANXIOUS NOT TO EMBARK ON AN

ARGUMENT WITH THE CHINESE ON WHETHER OR NOT THE GENERAL SUBJECT

IS A PROPER ONE FOR DISCUSSION IN THE JLG.

8.

MINISTERS DO NOT THINK THEIR GENERAL AIMS DIFFER

SIGNIFICANTLY FROM THOSE PROPOSED BY EXCO, BUT THEY DO BELIEVE STRONGLY THAT THE TACTICS WHICH WE PROPOSE ARE MORE LIKELY TO

ACHIEVE THEM THAN THOSE PROPOSED BY EXCO AT THEIR LAST MEETING. THEY HOPE VERY MUCH THAT YOU CAN CONVINCE EXCO OF THIS.

HOWE

"HONG KONG AGREEMENT

LIMITED

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COPIES TO: (VIA ADR)

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CABINET OFFICE MR MALLABY CABINET OFFICE MR DRC CHRISTOPHER

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