TNAG-2790-FCO40-4029-Future-of-Hong-Kong-1993 — Page 199

CODE 18-77

Ms Barrett

Legal Advisers

Orth RECEIV

KOWLOON WALLED CITY

CONFIDENTIAL,

1993

STRY

REGISTRY

Lion Taken

Reference

рс

Future.

-Gen

pc New File

Release of Papers

ها

see (62

1. I attach papers that copied to us by LRD on the Kowloon Walled City in Hong Kong which are due for release on 1 January 1993. The main problem with these papers is that the memorandum they discuss gives the considered opinion of Foreign and Colonial Office legal advisers that the case for our continues administration would only be supportable in International Law if it could be shown that Chinese administration was incompatible with the defence needs of Hong Kong. On the face of it this would appear to be an unmeetable criterion. The Hong Kong government is still dealing with compensation for the occupants of the Kowloon Walled city. I believe that it would create some difficulties for them if we were to release this information now. Would it be possible to delay release of the papers until 1 July 1997 and review the situation then.

2.

It is possible that the signing of the Joint Declaration would affect the legal judgement on the basis of British jurisdiction in the Kowloon Walled City. And in this case I can see no reason why these papers could not be released. I should be grateful for your views. LRD need a reply by the last week in July if they are to meet their own deadlines. I should be grateful for your views by 22 July.

RA5But

RAJ Bunten

Hong Kong Dept WH 305 270-2655

1 July 1993

55

CONFIDENTIAL