TNAG-1445-FCO40-1929-Constitutional-development-in-Hong-Kong-1986 — Page 76

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HMLNAN 5545

CONFIDENTIAL

TT PEKIN

T FCOLA

FM HOKON TO PEKIN

0209132 DEC

GRS 700

CONFIDENTIAL

FM HONG KONG

TO TELELETTER PEKING

TELELETTER NFR

HKK

RECEIVED IN REGISTRY 15 DEC 1986

OF 020913Z DECEMBER 96

INFO TELELETTER FCO

DLSK OFFICER INDEX

PA

2

1. MW bay

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(rapid to -3 fing)

FROM:

A.L. LANG, CLERK OF COUNCILS

FOLLOWING FOR:

D. BLUNT.

PEKING

COPIED TO:

C. LEEKS,HKD,)FCO.

I AM NOV WORKING ON A FOLLOW UP TO THE OMELCO BOOKLET 'THE LEGISLATIVE COUNCIL : BEHIND THE SCENES A COPY OF WHICH YOU HANDED TO THE CHINESE ON 30.10.86. THIS FOLLOW UP WILL BE CALLED 'THE EXECUTIVE COUNCIL BEHIND THE SCENES.

2.

IN THE BOOKLET REFERENCE IS MADE TO THE INVOLVEMENT OF THE EXECUTIVE COUNCIL IN MATTERS CONCERNING THE FUTURE OF HONG KONG. THE RELEVANT SECTION IS AS FOLLOWS :

'THE COUNCIL AND THE FUTURE OF HONG KONG

IN THE AUTUMN OF 1982 THE EXECUTIVE COUNCIL SHOULDERED THE IMPORTANT NEW RESPONSIBILITY OF PROVIDING THE GOVERNOR AND THE BRITISH GOVERNMENT WITH ADVICE ON THE NEGOTIATIONS ON THE FUTURE OF HONG KONG. ARGUABLY THIS WAS THE MOST DIFFICULT AND DEMANDING TASK EVER TO BE LAID ON THE EXECUTIVE COUNCIL SINCE, BY AGREEMENT WITH THE CHINESE COVERNMENT, THE NEGOTIATIONS WERE CONDUCTED ON THE BASIS OF CONFIDENTIALITY. MEMBERS OF THE EXECUTIVE COUNCIL, HAD THEREFORE TO REMAIN CLOSELY IN TOUCH WITH THE MOOD OF THE PUBLIC TO PROVIDE LEADERSHIP AND REASSURANCE, AND TO SUFFER PROLONGED EXPOSURE TO THE MEDIA. CAT THE SAME TIME THEY ADVISED THE GOVERNOR AND MINISTERS IN THE UNITED KINGDOM WHO HAD ULTIMATE RESPONSIBILITY FOR THE NEGOTIATIONS, NOT ONLY ON THE STRATEGY FOR THE NEGOTIATIONS BUT ON THE DETAILED TACTICS THE SATISFACTORY OUTCOME OF THE NEGOTIATIONS IS IN NO SMALL MEASURE DUE TO THE CONTRIBUTION OF THE EXECUTIVE COUNCIL

IN ORDER TO COPE WITH THE IMMENSE VOLUME OF BUSINESS GENERATED BY THE NEGOTIATION THE FREQUENCY OF COUNCIL MEETINGS WAS INCREASED TO TWO AND IN THE FINAL STAGES, TO THREE OR FOUR TIMES A WEEK. ADDITIONALLY MEMBERS OF THE COUNCIL HAD FREQUENT # NO OF MEETINGS WITH MINISTERS AND THE PRIME MINISTER, TRAVELING IF NECESSARY TO LONDON FOR THAT PURPOSE.

IN SEPTEMBER 1984 AFTER THE CONCLUSION OF THE NEGOTIATING PROCESS IN PEKING, THE EXECUTIVE COUNCIL FLEW TO LONDON AND ADVISED THE PRIME MINISTER AND THE SECRETARY OF STATE THAT IN THEIR OPINION THE TEXT OF THE DRAFT JOINT DECLARATION ON THE FUTURE OF HONG KONG WAS SATISFACTORY AND THAT THEY WOULD BE PREPARED TO COMMENT IT TO THE PEOPLE OF HONG KONG. THIS ADVICE WAS AN IMPORTANT FACTOR IN HER MAJESTY'S GOVERNMENT'S DECISION THAT THE JOINT DECLARATION SHOULD BE INITIALLED AND RECOMMENDED TO THE PEOPLE OF HONG KONG. THE REST IS PUBLIC KNOWLEDGE : IN THE ENSUING PERIOD OF PUBLIC CONSULTATION THE PEOPLE OF HONG KONG ENDORSED THE VERDICT OF THE COUNCIL, THUS PAYING THE WAY FOR THE APPROVAL OF THE AGREEMENT BY BOTH HOUSES OF PARLIAMENT IN WESTMINISTER AND ITS SUBSEQUENT SIGNATURE IN DECEMBER 1984 BY THE PRIME MINISTER.

FOLLOWING THE SIGNATURE OF THE JOINT DECLARATION, THE EXEC- UTIVE COUNCIL HAS CONTINUED TO BE CLOSELY INVOLVED IN THE FUTURE OF HONG KONG, NOTABLY IN PROVIDING ADVICE TO HER MAJESTY'S GOVERNMENT ON THE DISCUSSIONS IN THE JOINT LIAISON GROUP AND IN THE LAND COMMISSION. SPECIAL MEETINGS OF THE COUNCIL CONTINUE TO BE NECESSARY, AND EVERY OPPORTUNITY IS TAKEN FOR THE COUNCIL TO MEET WITH MINISTERS AND SENIOR FOREIGN AND COMMONWEALTH OFFICE OFFICIALS ON FUTURE-RELATED MATTERS."

3. LEEKS AND FIFOOT OF THE UK DEPARTMENT TO WHOM I HAVE SHOWN THE DRAFT HAVE SUGGESTED THAT YOU MAY WISH TO COMMENT ON THE

THEY POINT OUT THAT THE ADVISABILITY OF INCLUDING THIS SECTION.

ROLE OF EXCO DURING THE NEGOTIATIONS WAS NOT ONE THAT THE CHINESE FOUND EASY TO ACCEPT, WHEREAS MUCH OF THE INFORMATION ABOVE IS

PUBLIC KNOWLEDGE IN HONG KONG, THERE IS A NEED, IN THEIR VIEW, TO CONSIDER HOW THE CHINESE WILL REACT TO IT SEING PUBLISHED NOW.

NEVERTHE-

AS SEEN FROM HERE, IT SEEMS UNLIKELY THAT THE CHINESE WOULD WISH TO PUT THE CLOCK BACK TO THE VERY DIFFERENT ATMOSPHERE WHICH PREVAILED DURING THE NEGOTIATIONS BY TAKING EXCEPTION TO THIS PUBLICATION, ESPECIALLY IF IT IS ISSUED IN THE NAME OF OMELCO AND THE HAND OF GOVERNMENT IN DRAFTING IS NOT REVEALED. LESS I WOULD BE GRATEFUL FOR YOUR VIEWS ON THE WORDING OF THIS SECTION, AND WHETHER OR NOT IT MAY CREATE PROBLEMS IN THE PRESENT DAY SITUATION. WE WILL BE SENDING YOU IN DUE COURSE THE COMPLETE DRAFT OF THE BOOKLET, PRIOR TO PUBLICATION.

5.

YOU MAY WISH TO DISCUSS THIS MATTER WITH RICHARD HOARE BEFORE HE LEAVES PEKING. HE IS FAMILIAR WITH THE BACKGROUND TO THE PUBLICATION.

SIGNED A.L. LANG

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