TNAG-1377-FCO40-1825-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 145

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

APPENDIX TO NOTES ON CLAUSES

SUPPLEMENTARIES

CONFIDENTIAL

Will the Chinese stick to the Agreement?

1. Chinese leaders made clear during the Prime Minister's visit to

Peking their commitment to implementing the agreement.

Joint

Declaration is formal and binding international agreement. China is

justifiably proud of its record in meeting obligations under international agreements. Agreement meets interests of both sides.

No reason to think that the Chinese will not honour it.

What if the Chinese breach Agreement?

a

2. The breach of a legally binding international agreement would be

mos t serious matter in our own eyes and no doubt in those of the

international community as a whole. We would of

strongest possible representations to the Chinese

order to seek a remedy.

course make the

Government in

If the Chinese breach the agreement could we repudiate it?

3.

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

60 of

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.

Parallels with the Falklands?

4. Absolutely no parallel. Hong Kong is sui generis in that 92 per

cent of the territory is covered by a lease with a fixed expiry

date.

International resettlement of those unwilling to stay in Hong Kong

5.

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.

Participation of Hong Kong people in drafting of Basic Law

6. Chinese leaders have made it clear that people of Hong Kong will

be consulted on drafting of Basic Law. Prime Minister told this

CONFIDENTIAL

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.