TNAG-1377-FCO40-1825-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 120

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

SUPPLEMENTARIES

CONFIDENTIAL

If the Chinese breach the agreement could we repudiate it?

1. Yes, but only it if was a material breach, as defined in Article

60 of The Vienna Convention on the law of treaties. There would

have to be a breach by China of a provision essential to the

accomplishment of the object and purpose of the agreement.

2.

International resettlement of those unwilling to stay in Hong Kong

Our firm intention to make the agreement work and create

conditions in which Hong Kong people will continue living and

working in a flourishing community. Cannot build with one hand and

pull down with the other.

Compensation Arrangements for HMOCS

3. Agreement on

on future of Hong Kong provides satisfactorily for

continuity of service by serving officers in the public service in Hong Kong, on terms and conditions, including pay and pensions, no

less favourable than 30 June 1997. These provisions apply to

members of Her Majesty's Overseas Civil Service (HMOCS) serving in

Hong Kong as well as to other civil servants. Resumption of sovereignty over Hong Kong by the People's Republic of China raises similar issues in respect of HMOCS as independence has in other dependent territories. Not possible, however, to define now, 12 and

a half years in advance of constitutional change, all the arrangements which will apply to members of HMOCS serving in Hong

Kong and to payment of their pensions by the Hong Kong Government

after 1 July 1997.

Will Governor be member of Joint Liaison Group

4.

Precise membership of the Group has not yet been decided.

UNDERTAKINGS BY HMG TO HONG KONG PEOPLE

General reference to admission of persons at risk

5.

In certain very limited cases certain rights of admissions will

exist under the discretion of the Home Secretary in the United

Kingdom but that will be on a very limited basis for people who have been exposed to special considerations and special factors.

It

CONFIDENTIAL

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