TNAG-2599-FCO40-3787-Appointment-of-Chris-Patten-as-new-Governor-of-Hong-Kong--Ap-1992 — Page 100

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

brilliant!

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However, last September, Britain and China agreed to set up the Court in

1993 but limited the Court's power so that no more than one overseas judge

may be invited at any one time. This was so blatantly contrary to the

Joint Declaration and the Basic Law that the Hong Kong Legislative

Council, in a motion debate that I sponsored in December, rejected the

agreement by a decisive vote of 34 to 11.

MONITORING IMPLEMENTATION OF THE JOINT DECLARATION

The Joint Declaration is a binding agreement on how Hong Kong is to be run

for 50 years after 1997. That being the case, the agreement will survive

the transition to the year 2047. Yet Beijing has maintained that while.

before 1997 Hong Kong is a matter for Britain and China, after 1997 it

will become China's internal affair. I am not aware of any British

response to this doubtful proposition.

If Britain wishes to bolster confidence in Hong Kong, it should make clear

to Hong Kong, to China and to the rest of the world that it is prepared to

play its part after 1997 to ensure that the provisions of the Joint

Declaration will be observed. The British Government should indicate what

steps it is prepared to take in the event of non-compliance, including

referral to the International Court of Justice in the Hague.

As the Joint Declaration was registered at the United Nations, the

kindirim. international community too will have an interest in monitoring how the

agreement is implemented.

Attempts by the United States Congress to

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