TNAG-2566-FCO40-3751-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1992 — Page 35

CODE 18-77

PF Ricketts

CONFIDENTIAL

Reference

HKCC 310/9

J-

file

UK/SARG AGREEMENTS AFTER 1997

1.

ст

In September 1991, David Edwards (International Law Officer, Hong Kong) wrote to you suggesting that we should begin consideration as to what arrangements would need to be in effect between the United Kingdom 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. More immediate matters have occupied Hong Kong Department over this period, but it seems to me that we should now begin consideration of it.

2. The obvious problem is who HMG should negotiate with. In relations between HKG and third countries, HKG officials have negotiated on behalf of Hong Kong though under the aegis of the sovereign power. This would clearly be impractical regarding UK/SARG. 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.

I suggest that you chair a meeting during the week beginning 11 May, to consider this comprising:

3.

HKD: Mr Cox, Mr Bunten, myself

Legal Advisers: Ms Brooks, Miss Barrett

RAD: Mr Wye

If you agree to this proposal, I will circulate among the participants the letter Mr Edwards wrote to you on

4.

16 September 1991. Although this matter is not pressing, it would be good to be able to reply within the next week or so to Mr Edwards' letter.

3. Hautun

Dr S D Harkin Hong Kong Department

WH 305 270 3287

6 May 1992

cc: Mr Bunten

Mr Cox

PUBABP

SLM

CONFIDENTIAL

(4)