TNAG-2264-FCO40-3261-Hong-Kong-Port-and-Airport-Development-Strategy-(PADS)-gener-1991 — Page 36

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Background

1.

The Memorandum of Understanding was initialled in Peking

on 30 June by Sir Percy Cradock after long and difficult

negotiations between China and the Hong Kong and British

Governments. The Secretary of State made a statement about

it in the House of Commons on 4 July. The Prime Minister and Premier Li Peng signed it in Peking on 3 September, bringing it into effect.

2.

This Question is probably linked to Mrs Gorman's

Question No 12 about Hong Kong's autonomy. Mr Martin Lee QC

has criticised the Memorandum for involving British and

Chinese interference in a matter which should lie within

Hong Kong's autonomy. He argues that we paid too high a

price for China's support and that it would have been better

to have no airport than this deal.

3. The draft reply shows the balance of "undertakings".

(Since a Memorandum of Understanding does not have binding

effect in international law we should not repeat

Mrs Gorman's other term "obligations".) The draft is long

and could be shortened by a reference to the statement of

4 July, but that did not specify the undertakings or

assurances in the Memorandum (which was placed in the

Library). This is an opportunity to place them on record in

the way we jauge most effective to the Government's case.

ARTAGJ/1

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