APPENDIX TO NOTES ON CLAUSES
GENERAL 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?
2. The breach of a legally binding international agreement would be
a most serious matter in our
own eyes and no doubt in those of the
international community as a whole. We would of course make the strongest possible representations to the Chinese Government in order to seek a remedy.
If the Chinese breach the agreement could we repudiate it?
3. Yes, but only if it 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.
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 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
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