013400
CONFIDENTIAL
FM FCO
CONFIDENTIAL
TO DESKBY 11020OZ UKREP JLG HONG KONG
TELNO 37
OF 101715Z MAY 91
INFO IMMEDIATE HONG KONG
RECEIVED
MDHOAN 3292
HKD 384 COPANAY 1991
DIST?
OFFICE
PA
LORRAIN OSMAN: HABEAS CORPUS 5
1.
YOU WILL WISH TO BE AWARE THAT CLIFFORD CHANCE, SOLICITORS ACTING FOR HONG KONG GOVERNMENT IN THE OSMAN CASE, WILL BE CONTACTING YOU OVER THE WEEKEND IN CONNECTION WITH AN AFFIDAVIT BY PROFESSOR YASH PAL GHAI OF THE UNIVERSITY OF HONG KONG.
2.
THE
ONE OF THE POINTS PROFESSOR GHAI MAKES CONCERNS THE ROLE OF THE JLG, IN RESPONSE TO PARAGRAPHS 15 AND 16 OF THE ATTORNEY GENERAL'S AFFIDAVIT. PROFESSOR GHAI STATES THAT BECAUSE THE JLG IS LIMITED TO CONDUCTING CONSULTATIONS, DISCUSSIONS AND EXCHANGES OF INFORMATION AND IS NOT ''AN ORGAN OF POWER JLG IS NOT COMPETENT TO MAKE DECISIONS BINDING ON THE PRC GOVERNMENT. THEREFORE THE JLG'S DECISION ON A PARTICULAR MATTER WILL NOT AMOUNT TO AUTHORISATION'' FROM THE PRC IN THE LEGAL SENSE WITHIN THE MEANING OF THE BASIC LAW. ON THIS BASIS HE SEEKS TO CAST DOUBT ON A NUMBER OF INSTANCES OF AGREEMENT REACHED IN THE JLG, FOR EXAMPLE THAT HONG KONG IS PERMITTED TO NEGOTIATE ITS OWN EXTRADITION ARRANGEMENTS.
3. IT SEEMS TO US THAT WE COULD REASONABLY RESPOND IN THE FOLLOWING TERMS:
(A) THE JLG IS THE FORUM FOR NEGOTIATION LEADING TO AGREEMENT BETWEEN THE TWO GOVERNMENTS, AND ''DECISIONS'' OF THE JLG AS ANNOUNCED IN THE COMMUNIQUE ARE TAKEN SUBJECT TO PRIOR CLEARANCE WITH BOTH GOVERNMENTS. AS SUCH, ANNOUNCEMENT OF AGREEMENT IN THE JLG COMMUNIQUE REFLECTS AGREEMENT BETWEEN THE TWO GOVERNMENTS.
(B) FURTHERMORE WE COULD CITE A NUMBER OF EXAMPLES OF PRACTICAL ACTIONS FLOWING FROM AGREEMENTS IN THE JLG EG THE ISSUE OF TRAVEL DOCUMENTS, THE SIGNING AND IMPLEMENTATION OF ASAS, LOCALISATION OF CERTAIN LAWS, HONG KONG'S CONTINUED PARTICIPATION IN GATT. WE MIGHT ALSO MENTION THE RECENT NEGOTIATIONS AND INITIALLING OF AN EXTRADITION AGREEMENT BETWEEN
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