མ་བ་་་འ-
forward answer to a question: Do you think the present Chinese position is legally and politically justified?
Sir Percy Cradock: I think they have a good political
and legal colour for what they are doing. I am not saying they
would win in a Court of Chancery, Mr Rowlands, but we are not in
a Court of Chancery in this case.
We are dealing with a
preponderant military and political power, who have strong views and who will impose those views if we give them a chance.
As regards the legal niceties in this, since you wish to
discuss this, I think they have a case. I would certainly be able to argue it for them, but I would also be able to argue it
on the other side, as you heard from various Government lawyers
the other day.
I would point, for example, to these points: that we by our
actions in October 1992 went against the Joint Declaration, which
contains, if you recall in Annexe II, a
Annexe II, a statement that in the
later stages of transition we should co-operate more intensively than in the past. What we did in October 1992 was to show them, or rather give them the broad outline, of the Governor's speech
to LegCo beforehand. They then asked for consultation. We
refused it. Now that they consider to be contrary to all
previous practice, and contrary to that provision of the Joint Declaration which I cited to you.
- Mr Rowlands: And you think that too?
Sir Percy Cradock: I think they have a colourable
case, Mr Rowlands. I think that there is a point. Clearly there
are counter-arguments. What I do not want to get into is a kind
of Chancery Court argument about these things, because frankly
in the end it doesn't matter. The essential point is that they
are convinced that they are right; they are convinced that they were cheated, that we have done a 180° turn, and they are quite
sure they are not going to allow it. They are dealing with a
matter of intense
of intense feeling to them, the recovery of national territory which was taken from them in humiliating circumstances in the 19th century. They believe they had an agreement with us; they know the eyes of the world are upon them, and they will not back off. I am not saying it is right or wrong, I am merely
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