CONFIDENTIAL
026030
MDHOAN 0453
entirely with the legal advice given by the FCO regarding the international status of the JD, the BL and the 1990 Exchanges. Keller found the FCO position on the Exchanges weak in places, but broadly shared the conclusion that they do not constitute a legally binding agreement. They did not think that the
Moreover, Governor's proposals were in breach of the JD or BL. Duffy stated that the UK Government had an obligation under the JD as the Administrative power until 1997 to move in the direction of greater democracy and a Legislature constituted by elections as stipulated in Annex 1 of the JD. He therefore thought the Governor's proposals were in keeping with the spirit as well as the letter of the JD.
10.
In answer to questioning, Duffy said that in his opinion China was in breach of the JD, in failing to cooperate in the JLG. The Lawyers also concluded that it would be desirable for China to become a party to the ICCPR. Duffy remarked that it would be desirable for the optional protocol on individual right of petition to be applied to Hong Kong, but acknowledged that the UN would need China's agreement for this.
11. We are faxing summary of the session with the panel of
Lawyers.
We will have an early opportunity to make corrections to the transcript of the officials' session, and will give Edwards a copy in parallel.
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