TNAG-2717-FCO40-3923-House-of-Commons-Select-Committee-on-Foreign-Affairs-enquiry-1993 — Page 15

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

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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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