TNAG-1507-FCO40-2065-Guangdong-nuclear-power-station-project-at-Daya-Bay-safety-c-1986 — Page 83

LETTER FROM THE STATE COUNCIL INTO THE LAWS OF CHINA. NOR IS IT

CLEAR WHETHER THE ARRANGEMENTS FOR REDRESS WOULD APPLY TO HONG KONG.

IF IT SUBSEQUENTLY TRANSPIRES THAT HONG KONG WILL BE COVERED BY THE

PROVISIONS, IT MAY BE USEFUL TO DETERMINE WHETHER ANY COMPENSATION

AWARDED BY THE CHINESE COURTS WOULD BE FREELY CONVERTIBLE INTO

HONG KONG DOLLARS. (COMPENSATION IN RMB WOULD BE OF VERY LIMITED

VALUE TO CITIZENS IN HONG KONG.)

5. REGARDING PEKING'S SUGGESTION THAT WE WOULD EXPLORE WHAT

IS COVERED BY THE INSURANCE POLICY RECENTLY TAKEN OUT WITH THE

PEOPLE'S INSURANCE COMPANY, WE UNDERSTAND FROM HKNIC THAT THIS

DOES NOT COVER THIRD PARTY NUCLEAR LIABILITY. RATHER IT COVERS

CIVIL LIABILITY VIS-A-VIS THIRD PARTIES DURING THE ERECTION OF

THE NUCLEAR PLANT ON BEHALF OF ALL THE INTERESTED PARTIES INVOLVED

IN THE DESIGN AND CONSTRUCTION OF THE PLANT.

6. ON MODALITIES, NATURALLY WE WILL BE PREPARED TO DO WHAT WE CAN HERE, TO FOLLOW UP AN APPROACH IN PEKING.. WE ARE, HOWEVER, CONCERNED THAT THE SUBJECT SHOULD BE RAISED WITH THE

CHINESE AS SOON AS PRACTICABLE. THE ISSUE WAS RECENTLY THE

SUBJECT OF COMMENT IN THE LOCAL PRESS. IF WE ARE QUESTIONED ON IT, EVEN IF WE ARE UNABLE TO RESPOND THAT THE CHINESE AUTHORITIES

HAD CONFIRMED THAT HONG KONG PEOPLE WOULD HAVE ACCESS TO THE

CHINESE JUDICIAL SYSTEMS SHOULD THEY PURSUE THE CLAIM IN RELATION

TO NUCLEAR ACCIDENT, WE SHOULD AT LEAST LIKE TO SAY THE MATTER IS

CURRENTLY BEING CONSIDERED BY THE PARTIES INVOLVED. GRATEFUL

THEREFORE THAT PEKING BE ASKED TO SPEAK AS PROPOSED IN YOUR

TUR.

YOUDE

YYYY

HMLNAN 4892

GUANGDONG

[COPIES SENT TO NO 10 DOWNING STREET]

LIMITED

HKD

PED

NED

TRED

PUSD(MR CROWLEY) WED

PS

PS/MR RENTON PS/PUS

MR GILLMORE

MR FALL MR WILSON MR SLATER

ADDITIONAL DISTRIBUTION

GUANGDONG NUCLEAR

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