TNAG-2822-FCO40-4072-Hong-Kong-boundaries-and-territorial-waters-1993 — Page 19

CONFIDENTIAL

HICC OLoll

16

040042

MDHOAN 2581

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 432

OF 071651Z MAY 93

FOLLOWING FOR BRADLEY,DPA, FROM BUNTEN HKD

YOUR TELNO 659: EXCO PAPER ON BOUNDARIES

12

CODY СУЗТ ?

سيم

1. THANK YOU FOR FAXING US THE DRAFT EXCO PAPER. I DON'T KNOW WHETHER IT IS TOO LATE TO MAKE ANY COMMENTS ON IT BUT, HAVING CONSULTED DEPARTMENTAL LEGAL ADVISERS WE HAVE THE FOLLOWING COMMENTS:

A) CHANGES TO THE BOUNDARY ARE A MATTER FOR THE EXERCISE OF THE ROYAL PREROGATIVE. IN ORDER NOT TO PREEMPT THAT THE LEGISLATION WOULD HAVE TO BE MADE FIRST IN LONDON AND THEN IN HONG KONG, WITH ENTRY INTO FORCE DATES SYNCHRONISED. THE MOU WITH GUANGDONG COULD NOT COME INTO FORCE UNTIL THE LEGISLATION DID.

B) WE SHOULD POINT OUT THAT OUR LEGAL ADVICE ON ONLY REQUIRING A NEGATIVE ASSENT FOR ANY LEGISLATION, NEEDS A QUALIFICATION. IT MAY BE THAT DURING THE DRAFTING PROBLEMS WILL BE DISCOVERED WHICH REQUIRE THAT WE LEGISLATE IN SOME OTHER

WAY.

C) I WONDER WHETHER THERE IS ANY SCOPE FOR INVITING THE CHINESE SIDE OF THE JLG TO CONSIDER THE LEGISLATION AMENDING THE BOUNDARIES, WITH A VIEW TO SAYING WHETHER OR NOT IT IS INCONSISTENT WITH THE BASIC LAW. THIS COULD BE ONE WAY OF OBTAINING CHINESE CONCURRENCE TO A CHANGE IN THE BOUNDARIES, WITHOUT HAVING TO YIELD ANY GROUND ON QUOTE UNEQUAL TREATIES UNQUOTE.

2. ONCE WE GET YOUR DEFINITIVE VIEW ON THE WAY FORWARD WE WILL NEED TO SUBMIT TO MINISTERS.

HURD

YYYY

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