TNAG-2487-FCO40-3618-Future-relations-between-Hong-Kong-and-China-1992 — Page 197

Hockey WAD

12/SCM CONFIDENTIAL Katherine

plear the Mr Bunker

I wonder whether

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Wye. pa. report

Cd Mr Wye help?

Hola did eved is relearly 80', distinguish between the visus of the tear and

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FROM: P F Ricketts, HKD

DATE: 11 May 1992

cc: Mr Berman,

thee ime of ref-determiation

Sir John Coles

"CH?

"/".

Legal Adviser

Mr Burns

Mr Bone

Mr Watt, UND

Miss S Brooks,

Legal Advisers

INTERNATIONAL COMMISSION OF JURISTS (ICJ) REPORT ON HONG

KONG

1.

Mr Berman's minute to you of 8 May.

2. We will certainly produce a careful analysis of the ICJ report, once we have received the views of Hong Kong's

Attorney General.

3.

My comment that this was not an impartial enquiry did indeed relate to the terms of reference. In my view, the

ICJ's choice of self-determination as the point of departure

for their terms of reference indicated that there was a

pre-judgement involved. Self-determination is of course a politically loaded term in the Hong Kong context, and by choosing it as their point of reference, I felt that the ICJ had served notice from the outset that they intended to re-open the question of policy which was settled by the

Joint Declaration in 1984.

HKC 000/1

·72

POPALG/1

CONFIDENTIAL

CM