TNAG-2345-FCO40-3412-Future-of-Chinese-Ministry-of-Foreign-Affairs-office-in-Hong-1991 — Page 7

CONFIDENTIAL

5 September 1991

A C Galsworthy Esq CMG

UKREP JLG

HONG KONG

.2

in Sighty

pa (New the

"true" subject)

M

HKC406/4

Dear Tony,

CHINESE MFA OFFICE IN HONG KONG

Foreign & Commonwealth

Office

London SW1A 2AH

Telephone: 071-

nonk

интер

кут интер

Plentiff

1. Thank you for your letter of 12 August. I am sorry that other pressures prevented me from replying earlier. Meanwhile the questions of the Consulate-General and the MFA office have moved on as a result of the Prime Minister's visit (on which we await detailed reports). However we have discussed the points raised in your letter with Legal Advisers and RAD. What follows are our tentative conclusions. Generally we think it worth firmly resisting

suggestion that the CPG authorities might have the right to requisition offices in Hong Kong (and we doubt that the Chinese would expect us to concede the point, at least at this stage).

2.

In our view, the most natural reading of JD 7 (2nd sentence of your para 4) is simply that the SARG's lines of communications are to be directly with the CPG, and that it is not to be subordinate to any province. This would give the SAR a status at least similar to that of a province, and one that is enhanced by the provisions in both the JD and BL.

3

We accept that the Chinese are likely to argue, under their principles of interpretation, that they can do what they like which is not actually in contravention of the Joint Declaration and that the SARG can only take action for which there is express provision in the JD or BL. BL 22 lays down that if departments of the CPG, provincial autonomous regions or municipal governments want to establish offices in the SAR, they must obtain the consent of the SARG as well as the approval of the CPG. Furthermore, all such offices shall "abide by the laws of the Region". On the other hand, BL 13 provides that the MFA shall establish an office in the SAR to deal with foreign affairs. This presumably obviates the need to seek the SARG's consent to establish the MFA office, although not necessarily removing it from jurisdiction of SAR law. However the entire concept of "offices" being subject to the law is extremely

ROEAKX

CC

CONFIDENTIAL

B20/2