TNAG-2492-FCO40-3624-Sino-British-Joint-Declaration-on-Hong-Kong-1992 — Page 7

SMENT HOUSE HONG KONG.

་

Mr Bunter 0/

You may be interested

this.

Mr Martin Dinjrám Government, Cuse

is for. intention

HED 23 DEC 92 09:12

per-3D Breachs. CONFIDENTIAL

012/3

RECEIVED IN BEGISTRY

DESK OFFICER

INDEX

1993

FA

V

PRC: JD

REGISTRY Action Taken

PG.05

Page No. 2

No suprises here

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M. Gauges Exops. Vogjin

Many thanks

جا

سفندية

I === that the Chinese have threatened to "tear

I feel sure that they would

nevertheless,

the Joint Declaration.

have

a

te that

stupid but you may

few basic

case.

The

subject

international legal points

to

like

An

the

of breaches

of

I am azraid,

well-established

Background justin

treaties and the consequences thereof is not,

straightforward

basic principles:

but there are a few

(a)

Treaties

are binding

on the

Parties

CO

them

in good faith,

fundamental zule

known ás

"Расса

and must be performed by them

This is the

sunt servanda" (treaties are made to be kept).

(b) A treaty which contains no provision regarding

its termination (like the JD)

cannot

be

denounced or abrogated unless the Parties agree,

OX

unless

is established

that

the

ParczeS

intended

to

admit

the possibility oi

denunciation

OI

withdrawal

or a

Fight

to

denounce

OI

withdrawal cân be implied by

nature of the treaty.

ne

A

material breach of

one treaty by

Parzy

entitles

the

for ground

in whole or suspending it

other to invoke that breach 코드

terminating the treaty

in part.

A "material

breach" would include an unlawful

of the treaty by one of the Parties,

repudiation

CONFIDENTIAL

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