CONFIDENTIAL
HKCO12/3
RECEIVED IN REGISTRY
27 FEB 1990 TOP COPY
DESK OFFICER
REGI BY
DIST?
PA
Action Taken
CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 428
OF 23180OZ FEBRUARY 90
AND TO IMMEDIATE PEKING -
INDEX
INFO IMMEDIATE UKREP JLG HONG KONG
28
177367 MDHOAN 3830
HONG KONG TELNOS 657, 680-81 AND 693 AND PEKING TELNO 289: BASIC LAW: FURTHER ACTION
1.
WE AGREE WE SHOULD REVERT TO THE CHINESE ON ARTICLES 24(4) AND ARTICLE 106. WE ALSO AGREE WITH THE PROPOSAL IN YOUR TELNO 657 THAT THESE POINTS SHOULD BE TAKEN UP INITIALLY BY PEKING AND POSSIBLY SUBSEQUENTLY THROUGH THE JLG. BY KEEPING OUR REPRESENTATIONS TO THIS MINIMUM, WE BELIEVE THERE IS A GREATER CHANCE OF SUCCESS.
ARTICLE 24(4)
2. IT WOULD CERTAINLY BE USEFUL TO TRY TO ASCERTAIN WHETHER THE CHINESE REALISE THE IMPLICATIONS OF THEIR PROPOSED AMENDMENT.
IN THE NUMEROUS PROPOSALS WE HAVE PUT TO THEM, THE POINT MAY WELL HAVE GONE ASTRAY. WE AGREE THAT YOU SHOULD APPROACH ZHENG WEIRONG AS YOU PROPOSE (PARA 2 OF YOUR TELNO 680).
3. SUBJECT TO ANYTHING WHICH EMERGES FROM THIS INFORMAL APPROACH, WE AGREE THAT PEKING SHOULD TAKE ACTION ON THE BASIS OF THE SPEAKING NOTE IN YOUR TELNO 681. WE HAVE THE FOLLOWING
COMMENTS:
(A)
PARA 2: WE BELIEVE WE SHOULD PLACE MORE EMPHASIS ON THE PRACTICAL CONSEQUENCES AND LESS ON THE PRINCIPLE OF JD CONSISTENCY (WHICH IS LIKELY TO PROVOKE RESISTANCE ON THE CHINESE SIDE). WE SUGGEST AMENDING THE THIRD SENTENCE TO READ QUOTE BUT IN THIS INSTANCE, WE ARE ALSO PARTICULARLY CONCERNED AT THE PRACTICAL CONSEQUENCES OF THE CHANGE WHICH HAS BEEN MADE UNQUOTE.
(B) PARA 3: WE ARE NOT SURE THAT WE NEED THE LAST SENTENCE WHICH IS, STRICTLY SPEAKING, BESIDE THE POINT AND
LIKELY TO IRRITATE THE CHINESE. WE ALSO SUGGEST THE ADDITION OF A NEW SECOND SENTENCE TO READ QUOTE WE ASSUME THIS CONSEQUENCE WAS NOT THE INTENTION OF THE CHINESE SIDE UNQUOTE.
(C) WE AGREE WITH PEKING THAT WE SHOULD REFER IN THE SPEAKING NOTE TO THE VBP ANGLE BUT ONLY/ONLY THE POINT ABOUT
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CONFIDENTIAL
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