TNAG-1377-FCO40-1825-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 298

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FM HONG KONG 041035Z JAV BE

TC IMMEDIATE FCO

TELEGRAM NUMBER 36 OF 4 JANUARY

INFO IMEDIATE PEKING

MIPT: HONG KONG AGREEMENT: LEGISLATION: LECCO QUESTION.

1. MR SWAINE'S QUESTION REFLECTS THE DEEP CONCERN OF LEGCO UNOFFICIALS (WHO OF COURSE ARE NOT PRIVY TO THE DISCUSSIONS IN EXCO ON THE HONG KONG BILL) WHICH HAS BEEN SPARKED OFF DY MICHAEL CHUGANI'S ARTICLE IN THE SOUTH CHINA MORNING POST OF 23 DECEMBER LAST. THEY HAVE BEEN PUTTING PRESSURE ON THEIR EXCO COLLEAGUES, PARTICULARLY SIR S.Y. CHUNG, FOR FURTHER INFORMATION. BECAUSE THE EXCO UNOFFICIALS HAVE (VERY PROPERLY) DECLINED TO BE DRAWN, THE PRESSURE TURNED ON THE ADMINISTRATION AND, IN PARTICULAR, THE CHIEF SECRETARY AND THE ATTORNEY GENERAL WHO WERE ASKED TO BRIEF UMELCO ON THE HONG KONG BILL AT A SPECIAL MEETING ON 31 DECEMBER. THE REQUEST WAS DECLINED AFTER CONSULTATION WITH THE GOVERNOR.

2. ON 2 JANUARY WE RECEIVED WRITTEN NOTICE OF MR SWAINE'S QUESTION. THIS WAS FOLLOWED YESTERDAY BY A FURTHER AND INSISTENT REQUEST FOR THE CS TO ATTEND THE REGULAR IN-HOUSE MEETING OF UMELCO TODAY. IT WAS AGREED THAT THE CS SHOULD OBLICE.

3. AT THE MEETING (AT WHICH MOST UMELCO UNOFFICIALS WERE PRESENT, BUT NOT MR SWAINE WHO WAS IN COURT) THE CS AVOIDED BEING DRAWN ON THE CONTENTS OF THE BILL OR THE LIKELY TIMING OF ITS PASSAGE THROUGH PARLIAMENT. IT BECAME CLEAR FROM THE DISCUSSION (WHICH LASTED MORE THAN AN HOUR) THAT UMELCO'S MAIN CONCERNS, WHICH WERE ALL RELATED TO NATIONALITY, WERE AS FOLLOWS:

(A) NATIONALITY WOULD BE INCLUDED IN THE BILL FOR UK POLITICAL

REASONS WITHOUT REGARD TO THE FEELINGS OF HONG KONG PEOPLE.

(B) DETAILED PROVISIONS ON NATIONALITY ISSUES WOULD BE STEAM-

ROLLERED THROUGH PARLIAMENT WITHOUT ADEQUATE TIME FOR DEBATE AND FOR HONG KONG PEOPLE TO MAKE REPRESENTATIONS.

4. THE CS POINTED OUT THAT THERE WAS NO REASON FOR HMG TO PUSH THE BILL THROUGH WITH UNDUE HASTE, AS TO DO SO WOULD ONLY BE TO INVITE CHINESE PRESSURE FOR EARLY RATIFICATION WELL IN ADVANCE OF 30 JUNE, AND WELL BEFORE OTHER NECESSARY PREPARATIONS FOR RATIFICATION HAD SEEN COMPLETED. IN VIEW OF THE DEPTH OF UNCFFICIALS' WORRIES, HE HINTED (WITHOUT REVEALING THE CONTENTS OF THE BILL) THAT EVEN IF NATIONALITY WERE INDEED COVERED IN THE BILL, DETAILED PROVISIONS COULD STILL BE LEFT TO A LATEP STAGE.

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