TNAG-2496-FCO40-3632-Relations-between-Hong-Kong-and-Macao-(Macau)-1992 — Page 62

Ms Brooks, Legal Counsellor

Ms Hall, FED

Mr Bunten, HKD

Ms Doig, ECFAD/ODA (fax)

17CC 020/3

EC/MACAO: COOPERATION AGREEMENT

1.

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The Asia Working Group will discuss the decision to conclude this agreement this afternoon: this is the last administrative hurdle before signature at the 15 June Foreign

Affairs Council.

2.

UKRep told me today that the French are likely to propose a Council statement in the minutes along the following lines:

"Respect for human rights and democracy is an essential element of this agreement under the terms of the Vienna Convention on Treaties."

3.

Our guess

This is a second hand report (from the Irish). is that the French, who earlier proposed a suspension clause under which cooperation would be suspended in the event of grave human rights abuses in Macao, are trying to beef up Article 1 (the "Democratic basis for cooperation" clause).

4.

It is not obvious what force a unilateral declaration would have: Macao would not be bound by it. Nonetheless I would welcome your views on

(i) the legal effect (if any) of the declaration;

(ii) whether the UK should be associated with the declaration.

5.

The meeting starts at 2pm our time. With apologies for the short deadline, I would be grateful for views by 1.30pm.

Don

Dominic Meiklejohn

European Community Department (External)

cc Mr Cannon

Mr Gifford

5 June 1992

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