TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 22

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

GENERAL SUPPLEMENTARIES

CONFIDENTIAL

Will the Chinese stick to the agreement?

1.

Chinese leaders made

Joint

clear during the Prime Minister's visit tof

Peking their commitment to implementing the agreement.

Declarati

agreement. China is

is on

formal and binding international

justifiably proud of its record in meeting obligations under

international agreements. Agreement meets interests

reason to think that the Chinese will not honour it.

No

of both sides.

What if the Chinese breach agreement?

2.

The breach of a legally binding international agreement would be

a most serious matter in our

international

We would of course make the

own eyes and no doubt in those of the

community as a whole.

strongest possible

representations

to the Chinese

order to seek a remedy

Government in

If the Chinese breach the

agreement could we repudiate it?

There would

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

60 of The Vienna Convention on the law of treaties.

3.

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?

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

cent of the territory

covered by a lease with a fixed expiry

4.

date.

is

Our

firm

International resettlement of those unwilling to stay in Hong Kong

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.

5.

Participation of Hong Kong people in drafting of Basic Law

6.

be

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

consulted on drafting of Basic Law. Prime Minister told this

CONFIDENTIAL

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S

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