TNAG-1388-FCO40-1859-Future-of-Hong-Kong-Sino-British-Joint-Declaration-1985 — Page 81

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CONFIDENTIAL

FROM PEKING 240811Z MAY 85

TO IMMEDIATE FCO

TELNO 812 OF 24/5/85

INFO IMMED LATE HONG KONG

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MY TELNO 761: HONG KONG AGREEMENT: RATIFICATION

1. AT A MEETING THIS MORNING TO FINALISE DETAILS OF THE RATIFICATION CEREMONY YIN YUBIAO OF THE MFA'S TREATY AND LAW

DEPARTMENT AGAIN REFERRED TO OUR CONSTITUTIONAL PRACTICE ON THE SIGNATURE OF INSTRUMENTS OF RATIFICATION. HE EXPLAINED THAT AFTER CAREFUL CONSIDERATION THE CHINESE SIDE HAD DECIDED THAT THEIR INSTRUMENT SHOULD BE SIGNED BY FOREIGN MINISTER WU XUEQIAN AND NOT, AS THEY HAD EARLIER TOLD US, BY PRESIDENT LI XIANNIAN. HE EMPHAISED THAT THIS DID NOT IN THE CHINESE VIEW PREJUDICE IN ANY WAY THE VALIDITY OF THEIR INSTRUMENT.

2. SMITH SAID THAT HIS UNDERSTANDING OF WHAT YIN HAD EARLIER TOLD HIM (SMITH'S TELELETTER OF 2 MAY TO POWELL, HKD) WAS THAT THERE WAS A CONSTITUTIONAL REQUIREMENT FOR THE CHINESE PRESIDENT TO SIGN

INSTRUMENTS OF RATIFICATION. YIN EXPLAINED THAT THE PRESIDENT RATIFIED TREATIES AND IMPORTANT AGREEMENTS CONCLUDED WITH FOREIGN STATES IN ACCORDANCE WITH RESOLUTIONS OF THE NATIONAL PEOPLE'S CONGRESS. THE RIGHT OF RATIFICATION THEREFORE BELONGED TO THE NPC AND THE PRESIDENT. IN THE CASE OF THE JOINT DECLARATION RATIFICATION HAD BEEN CONFIRMED BY THE PRESIDENTIAL DECREE OF 10 APRIL 1985 (MY TELNO 513). THERE WAS NO CONSTITUTIONAL STIPULATION AS TO WHO SHOULD ACTUALLY SIGN AN INSTRUMENT OF RATIFICATION.

SMITH TOOK NOTE.

CONFIDENTIAL

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