TNAG-1388-FCO40-1859-Future-of-Hong-Kong-Sino-British-Joint-Declaration-1985 — Page 172

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FROM TW SMITH, PEKING

FILE REP: 0283/393/10 18 APRIL 1985

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FOLLOWING FOR JN POWELL USOS HKD, C2-

COPIED TO: P F MARGOLIS 280, DPA, HUL KONG

HOWG KINC ASPPONENT: RATIFICATION

1.

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HKK 040/12=

THANK YOU FOR YOUR TELELETTER OF APRIL TO DAY:D BLUNT. I MET YAN YURYAQ, A DIVISION CHIEF IN THE MEATS DEPARTMENT OF TREATY AND LAW, ON 27 APRIL TO DISCUSS THE PECHANICS OF THEyes EXCHANGE OF INSTRUMENTS OF NATIFICATION (PENING TELNO 464155)

2. YEN SAND THAT THE MEA HAD ALREADY SUBMITTED THE CHINESE

INSTRUMENT TO PRESIDENT L XJANNIAN FOR SIGNATURE, HE ASKED WHETHER

OW OUR STOF THE QUEEN WOULD SHOR THE INSTRUMENT. FOLD SIA THAT ACCORDING TO YOUR PRACTICE IT WOULD BE SIGNED BY THE SECRETARY OF STATE. HE EXPECTED IT TO BE DESPATCHED TO US W BARLI MAY, I TOLD HEA THAT OUR INSTRUNCHT WOULD INCORPORATE THE FULL TEXT OF THE

ASGFEMENT IN BOTH ENGLIST AND CHINESE, YIN ASKED WHAT IT WOULD CONTAIN IN ADDITION, (I HAVE YOU SEEN FOO TELEGRAM NUMBER NOW AND PERDEUSEROPAGATHE

TO

ARRMATION

3. IN NESPONSE TO MY QUESTION-RIA 9410 THAT THE CHINESE INSTRUMENT WOULD BE CONTAINED IN A SHALL BOOKLET. EMBOSSED ON THỪ GYVÈH LUẬTH. THE NATIONAL EMBLER. INSIDE WOULD BE A DOCUMENT OF TWO PARAGRAPHS,

SIGNED BY BOTH LE XIANN AN AND YO XUBQ:44, HE COULD NOT RECALL THE EXACT WORDING, SUT THE FIRST PARAGRAPH WOULD BE WORDED VERY SIMILARLY TO THE PRESIDENT FAL DECREE RATIFYING THE AGREEMENT

REPORTED IN PEKING TELNO. 313, AND THE SECOND PARAGRAPH WOULD / STATE THAT THE GOVERNMENT OF THE PRO WILL FULLY ABIDE BY THE

* PROVISIONS OF THE AGREEMENT. I ASKED IF THE SULL TEXT OF THE

AGREEMENT WOULD BE LACORFORATED IN THE CHINESE INSTRUMENT, ÝR

SAID THAT CHINESE PRACTICE ON T445 VARIOD. THEY VONDZO WOT TO INCORPORATE AGREEMENTS WHICH WERE PARTICULARLY LONG, SUCH AS THE HONG KONG AGREEMENT, HE NOTED, HOWEVER, THAT OUR TASTRUMENT WOULD INCORPORATE THE AGREEMENT AND SAID THAT IN THAT CASE, THEY COULD APPEND THE FULL TEXT OF THE AGREEMENT TO THEIR INSTRUMENT.

Li YIN GAVE ME A DRAFT PROTOCOL ON THE EXCHANGE OF THE

INSTRUMENTS OF RATIFICATION (A CERTIFICATE OF EXCHANGE, in OUR TERMINULUGY). THE TEXT IS AS FOLLOWS:

**ZHOU DAN, VICE-MINISTER OF FOREIGN AFFAIRS OF THE PEOPLE'S REPUBIC OF CHINA AND GIR RICHARD EVANG, AMBASSADOR EXTR»ONS | KARY AND PLEN, POTENTIARY OF THE UNAIFA ALESPOOF GREAT BRITAIN AND NORTHERN IRELAND) HAVE ON THIS DAY EXCHANGED THE INSTRUMENTS OF HATIFICATION OF THE JOINT DECLARATION OF THE GOVERMENT OF THE PEOPLE'S REPUBLIC OF CHINA AND THE GOVERNMENT OF THE UNITAS

KIREDOM OF GREAT BRITAIN AND NORTHERN IRELAND OF THE GUEST BOX OF HONG KONG SIGNED AT BIJING ON BEDELJER 1994, 1500 AVE RATIFIED,

ON .......... YOUTH ....... DAY 1903, AND BY HER MAJESTY ELSZASŁIR M, ODERN DRINUM GA XOGDOTA DE GREAT DET

MOTTH

Tas

#

کا

THE INSTRUMENTS OF RATIFICATION MEST (UMED ABOVE HAYN BEEN EXAMINED BY BOTH PARTIES AND FOUND Tự Bá và GOOD AND QUE FOKA.

INTRESS WHEREOF OF THE UNDERSIGNED HAVE STONED THIS PROTOCOL

IM DOSLIMATE EACH 14 THE ENGLISH AND CHINESE LANGUAGES1),

YIN ASKED FOR ANY SUGGESTIONS HE MIGHT HAVE ON THE PRECISE WORDYNE OF THE PROTOCOL, (HE ACKNOWLEDGED THAT THE REFERENCE TO THE QUEEN WOULD PAVE TO BL ALTERLIN

5. YER SAID THAT EACH SIDE WOULD HAVE ONE COPY IN CHINESE AND CHE

COPY IN ENGLISH (LOOSELY BOUND TOGETHER; OF THE PROTOCOL. EACH DOCUMENT WOULD BE SIGNED BY BOTH THE AMBASSADOR AND ZHOU NÁI, SE FOUR SIGNATURES EACH. IN DUS COPIES, REFERENCES TO THE BRITI$4 GOVERNMENT WOULD PRECEDE REFERENCES TO THE CHINESE GOVERNMENT BOTH THE CHINESE AND ENGLISH TEXTS. IN THE CHINESE CUP Ee, REFERENCES TO THE CHIMESE GOVERNMENT MOULD TAKE PRECEDENCE, AFTER

SIGNATURE OF THE PROTOCOLS, THE AMBASSADOR AND Z800 NĂM WOULD FORMALLY EXCHANGE INSTRUMENTS OF RATIFICATION, THAVING CHECKED THEN THENSEL YES BEFORE THE SIGNING OF THE PROTOCOLS). YIN -PROPOSED THAT THE MEA SHOULD PREPARE THE ONH NFSE LANGUAGE COPIES

OF THE PROTOCOLS AND THAT WE SHOULD PREPARE THE ENGLISH LANGUAGE COMES. I SAID THAT • THOUGHT THIS SHOULD 5% POSSIBLE, BUT THAT

WOULD NEED TO SEEK YOUR CONFIRMATION.

5.

I WOULD BE GRATEFUL IF YOUGOULD CONSULT WTO AMB LÉT

ME KAOS:

(A) WHETHER WE WOULD PREFER THE CHINESE TU APMOND THE FULL TEXT OF THE AGREEMENT (IN ENGLISH AND CH GESE) TO THE STURMENT SEMICLN

145 ↑ (8) ANY AMENDMENTS WE WOULD LIKE TO SEE TO THE WORDING OF THEIR

DRAFT PROTOCOL SEMIOLN

(0) WHETHER YOU CAN AGREE THAT WE SHOULD PREPARE THE ENGLISH TEXTS

OF THE PROTOCOLS AND, SO, IF THERE IS A PARA FOULAR TYPE OF

PAPER ON WHICH THEY SHOULD BE TYPEDR

LARLY ADVICE ON ALL THREE WOULD BE HELPFUL, PARTICULARLY (A) AS IT MIGHT ENTAIL THE CHINESE BE-SUBMITTING THEIR INSTUMENT TO

LI XIANNIAN FOR HIS SIGNATURE, ANY OTHER COAMENTS YOU MAY HAVE ON RHAT FIM TOLD ME WOULD BE WELCOME.

THE CHINESS PLAN TO HOLD THE CEREMONY IN THE MEA, YUN ASKED WE WHO WYGHT ATTEND ON OUR SIDE. THE AMBASSALOR'S VIEW IS THAT THE

I WILTED GROUP OF EMBASSY OFFICERS WHO HAVE BEEN INVOLVED (A WORK V ON HONG KONG SHOULD SUPPORT HIM AT THE CEREMONY (DAVID BEANT, POD

WYE, TONY INGALL, JOHH DENTS AND MYSELF). SUBJECT TO YOUR VIEWS WE WILL NEORA THE CHINESE OF NAMES IN DUF COURSE. YIN REAFFIRMED

ZHOU NAN'S HEMARK TO THE AMBASSADOR THAT CHINESE OFFICIALS SLIGHTLY SENIOR TO Z1000 9;MSELF NIGHT ATTEND ON THEIR SIDE,

û. FINALLY, ENOD RED ABOUT THE POSSIBILITY OF OUS RECEIVING A COTY OF LI XHANRIAN'S PRESIDENTIAL DECREE (PERING TELNO 513 AFFERS). YIN SHAD HE WOULD SEE WHAT HE COULD DO, BUT COMMENTED THAT THE MEA THEMSELVEG HAD NOT YET RECEIVED A COPY OF THE DOCUMENT. WAS THEN ASKED, IN TRUL RECIPROCAL FASHION, WHETHER WE COULD PROVIDE THE CHINESE WITH A COPY OF THE ROYAL ASSENT OF THE HONG KONG BILL BEARING THE QUEEN'S SIGNATURE. I POYNTED OUT THAT

I WAS ALREADY FURSUING THE CHINESE REQUEST FOR A COPY OF THE HOWKE „KONG ACT (HY TELELETIER OF 12 APRIL TO YOU), SAID THAT : DIA

NOT THINK ROYAL ASSENT WAS CONFERRED DY A SEPARATE DUCUNEAT 183) | WOULD DO GRATEFUL IF YOU COULD CONFIRM THIS.

SIGMED: T W S SMITH

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