TNAG-2822-FCO40-4072-Hong-Kong-boundaries-and-territorial-waters-1993 — Page 16

CONFIDENTIAL

2661 14!

112 MAT 1993

FROM: RAJ Bunten

Hong Kong Dept

HKCC 040/1 DATE: 11 May 1993

CC:

(Mr Hum

Miss Brooks, Legal Counsellor

6.5 Serey is/s

5

Α

Mr Ricketts ← Mr Myan

PS/M Goodlad

Minyar

HONG KONG'S BOUNDARIES

1.

An als

I understand that the Minister asked for an update on the negotiations with the Chinese referred to in our telno 432-

(attached).

2.

There are practical reasons for Hong Kong's borders to be put on an agreed basis. At present the Chinese do not recognise Hong Kong's borders (on the grounds that they were established by an 'unequal treaty'). The Chinese maps show the sea boundary running down the middle of the two bays. We claim jurisdiction up to the Chinese side of the bays, but do not attempt to exercise jurisdiction there.

There is also a political reason to do so. The Basic Law does not define what the boundary of the SAR will be. This is to be set out in a map, not so far published. To add to the confusion, the Basic Law does not include the New Territories in its definition of Hong Kong. Press articles have suggested that the Chinese may consider including Shenzhen into the SAR.

After several years of negotiations the Hong Kong Government seems to be close to reaching an agreement with the Guangdong Government over the Boundaries of Hong Kong. (The Chinese have refused to permit this subject to be discussed in the JLG, arguing that the boundaries of the SAR are a matter for them alone. They have permitted discussion at provincial level with the Guangdong Government on the 'Administrative Boundaries' of Hong Kong). We have always reserved the right to return to the JLG once agreement has been reached with Guangdong.

4.

The agreement which seems likely to be reached with the Guangdong side will involve the exchange of large areas of sea and relatively small areas of land resulting from a straightening of the Shenzhen River. Agreement could be recorded by an MOU between the Hong Kong Government and Guangdong authorities, which would not be binding on the PRC, or it could be set out in a treaty between the British and Chinese Governments, which would be binding and have effect in

update.sub/BOUNDARIES

CONFIDENTIAL