TNAG-1507-FCO40-2065-Guangdong-nuclear-power-station-project-at-Daya-Bay-safety-c-1986 — Page 93

OCMIAN 7025

CONFIDENTIAL

PP PEKIN

FM FCOLN TO HOKON

141010Z NOV

GRS 698

CONFIDENTIAL

FM FCO

TO ROUTINE HONG KONG

TELNO 2604

OF 141010Z NOVEMBER 86

INFO ROUTINE PEKING

727

CONFIDENTIAL

TOP COPY D27025

77025

НКК RECEIVED INT

166/1

17 NOV 1986

DESKONPAZ,

INDEX

682

YOUR TELNO 3549 AND PEKING TELNO 2084: DAYA BAY THIRD PARTY

NUCLEAR LIABILITY

1.

AS HEAD/NED EXPLAINED TO YAXLEY ON 3 NOVEMBER THE FORMAL

POSITION ON THE PARIS AND VIENNA CONVENTIONS IS THAT WE SEE

LITTLE PROSPECT THAT EITHER CONVENTION COULD BE APPLIED TO THE

BENEFIT OF HONG KONG'S POPULATION DURING THE PERIOD BETWEEN

COMMISSIONING OF DAYA BAY AND 1997. APART FROM THE OBSTACLE OF

PRINCIPLE IN THAT CHINA CONSIDERS HONG KONG TO BE CHINESE

TERRITORY EVEN BEFORE 1997, THE FACT IS THAT PARTIES TO THE PARIS

CONVENTION ARE AT PRESENT LIMITED TO EUROPEAN OECD MEMBERS, WHOSE

CONSENT WOULD BE NEEDED IF CHINA WERE TO ACCEDE. THE VIENNA

CONVENTION HAS EVEN FEWER MEMBERS, MOSTLY FROM THE THIRD WORLD.

2.

FOLLOWING CHERNOBYL THERE WERE CALLS FOR THE

ESTABLISHMENT OF AN EFFECTIVE GLOBAL SYSTEM OF NUCLEAR LIABILITY.

VERY PRELIMINARY DISCUSSIONS HAVE TAKEN PLACE AMONG LEGAL EXPERTS

UNDER JOINT IAEA AND OECD NUCLEAR ENERGY AGENCY AUSPICES ETC,

ABOUT THE POSSIBILITY OF HARMONISING THE PARIS AND VIENNA

CONVENTIONS OR OF NEGOTIATING A NEW CONVENTION, OPEN TO ALL

STATES. THE LAWYERS' PREFERRED OPTION AT PRESENT SEEMS TO BE A

1

CONFIDENTIAL