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ps FAC (011/8)
007643104
MDHOAN 0130
ико
UKB 011/8
FAC REPORT ON CHINA/HONG KONG: REQUEST FOR EVIDENCE FROM AN FCO LEGAL ADVISER
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HONG KONG PERSONAL FOR PS/GH FROM HKD
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1. The Clerk of the FAC has written to Parliamentary Relations Unit (copy by fax to you and Peking) to say that the Committee wish to receive evidence on 3 November from ''a panel of Lawyers' in their inquiry into relations with China up to and beyond 1997. The FAC have asked if one of the FCO Legal advisers could give evidence ''as one of the panel' (they will let us know the names of other witnesses as soon as possible). The reason for such short notice is that Parliament will be prorogued on 5 November, after which a session could not take place until the end of the month.
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2. One of their key concerns is the extent to which our proposals for the 1994/1995 elections (confer) with or conflict with the Joint Declaration, the Basic Law and the 1990 exchange of letters. Members of the FAC were subjected to the Chinese Line on this issue during their recent visit. It would be good to ensure that the FAC have a clear understanding of our side of this argument. We know that some members found their Chinese interlocutors inflexible and unreasonable, and an FAC report supporting our position would be very helpful, particularly if the talks fail.
3.
But participation by an FCO Legal Adviser alongside other Lawyers who may not share our views carries some risk. We cannot expect to have an easy ride. As you know some Peers have been exercised by this issue in the past and continue to find Chinese arguments persuasive, despite our best endeavours, (notably Lord Shawcross who has corresponded extensively with Baroness. Chalker). There is scope for the FAC to conclude that the Chinese have a point, and that would impact badly on the talks, and our public relations position in Hong Kong and beyond.
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