TNAG-1708-FCO40-2383-Hong-Kong-narcotics-offences-and-drug-trafficking-1987 — Page 112

CONFIDENTIAL

HUD 383/1

INDEX

NOV 1987

(26)

125547

MDLOAN 3049

TOP COPY a DIST ?

CONFIDENTIAL

FM FCO

TO PRIORITY HONG KONG

TELNO 2974

OF 10160OZ NOVEMBER 87 INFO PRIORITY PEKING

21

FOR

OUR TELNOS 2947-9 PEKING TELNO 1928 AND YOUR TELNO 4236: LETTER FROM THE EARL OF WINCHILSEA: STATUS OF PRISONERS AFTER 1997

1.

THANK YOU FOR THE CONSTRUCTIVE COMMENTS IN TURS. CONVENIENCE MIFT CONTAINS THE TEXT OF THE REPLY AS SENT. FOLLOWING IS AN EXPLANATION OF IT IN RELATION TO YOUR AND PEKING'S COMMENTS.

2.

PEKING TUR AND PARA 2 OF YOUR TUR. WE TAKE YOUR POINTS ABOUT THE RISKS OF QUOTING PASSAGES FROM THE DRAFT BASIC LAW. BUT WE CONCLUDED, ON BALANCE, THAT IT WAS JUSTIFIED BECAUSE: (A)

WE CAN, IF NECESSARY, MAKE IT PLAIN THAT OUR KNOWLEDGE OF THE BASIC LAW IS DERIVED FROM PRESS REPORTS. WE AMENDED THE REPLY TO REFLECT THIS MORE CLEARLY, AND ALSO (BY INCLUSION OF THE SENTENCE IN THE SECOND PARA OF MIFT BEGINNING QUOTE BEARING IN MIND

UNQUOTE) SOUGHT TO DISPEL ANY POSSIBLE MISUNDERSTANDING ABOUT THE CURRENT STATUS OF THE BASIC LAW.

(8)

3.

(A)

THE DRAFT BASIC LAW DOES CONTAIN POINTS OF DIRECT RELEVANCE TO THE ISSUES RAISED BY LORD WINCHILSEA. WE THINK IT WOULD BE SLIGHTLY DISINGENUOUS WERE WE NOT (NOT) TO POINT TO THIS, PARTICULARLY AS THE BASIC LAW WILL STIPULATE POLICIES CONTAINED IN AN INTERNATIONAL AGREEMENT TO WHICH HMG IS CO-SIGNATORY. PARA 3 OF YOUR TUR.

A

(B)

WE HAVE DELETED REFERENCE TO PARA 2 OF ARTICLE 2 OF CHAPTER X ON THE BASIS THAT IT WAS DELETED FROM THE LATEST DRAFTS AND WE HAVE INCLUDED INSTEAD A REFERENCE TO ARTICLE 2 OF SECTION 4 OF CHAPTER IV.

WE ALSO AGREE WITH YOUR POINT ABOUT PARA 5 OF THE REPLY AND HAVE REMOVED THE QUOTATION FROM CHAPTER III. WE SAW NO NEED, HOWEVER, TO INCLUDE YOUR SUGGESTED CLAUSE QUOTE

EARLIER AND I HAVE NO REASON TO DOUBT ETC UNQUOTE.

IN

THE LETTER THE POINT IS MADE THAT THE BASIC LAW WILL STIPULATE PROVISIONS OF THE JOINT DECLARATION AND SO THE JOINT DECLARATION REFERENCE IN THIS PARA CAN STAND ON ITS

OWN.

PARA 4 OF TUR. WE AGREE.

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