TNAG-2566-FCO40-3751-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1992 — Page 31

CODE 18-77

+

Mr Cox

Mr Bunten

CONFIDENTIAL

HKC 370/9

см

S

Reference..

25/6.

UK/SARG AGREEMENTS AFTER 1997

1.

In September 1991, David Edwards (International Law Officer, Hong Kong) wrote to Mr Ricketts suggesting that we should begin consideration as to what arrangements would need to be in effect between the United Knigdon and the Hong Kong SAR after 1997 and how we should set about achieving this. Alan Paul (UKREP JLG Hong Kong) recently wrote reminding us that we should now take this further. Mr Ricketts has agreed to hold a meeting to discuss this once Mr Patten has taken over in Hong Kong.

2.

One problem is with whom HMG should negotiate. In relations between HKG and third countries, HKG officials have negotiated on behalf of HKG and the future HKSARG though under the aegis of the sovereign power. Initialled texts have then been sent to the Chinese authorities (as the future sovereign power) for their agreement and only then have the initialled agreements been signed. This practice would clearly be impractical regarding UK/SARG agreements. The Chinese would not agree that the current HKG could stand as a proxy SARG. Nor would we be happy with the PRC acting as a "Government-in-waiting". Clearly then we have to consider raising with the Chinese, perhaps in the context of the JLG, who we, HMG, deal with.

3.

Also, we need to consider which agreements would need to be in place prior to 1 July 1997 (for example, those arrangements currently being negotiated with other

countries: air service agreements, extradition, IPPAS, MLA and reciprocal enforcement of judgments), and which could be negotiated once the HKSARG is in place (possibly Visa Abolition Agreements, and prisoner exchange). Other arrangements would also need to be considered including those in the economic, trade, financial and monetary, shipping, telecommunications, touristic, cultural and sporting fields.

CONFIDENTIAL