TNAG-2822-FCO40-4072-Hong-Kong-boundaries-and-territorial-waters-1993 — Page 48

CONFIDENTIAL

Noi

103706

MDHIAN 4476

WANT TO AGREE WITH THE GUANGDONG SIDE AT THIS MEETING COMMISSION A JOINT SURVEY TO ESTABLISH PRECISE LAT/LONG POINTS TO DESCRIBE THE LINE TO BE DELINEATED ON A MAP. THIS MAY BE BE AS EASY AS IT SOUNDS, BECAUSE THEIR LONG/LAT PROJECTIONS DIFFER SLIGHTLY FROM OURS.

IMPLEMENTATION: RECORDING AGREEMENT

4. WITH THE PROSPECT OF A PACKAGE DEAL EMERGING, WE HAVE BEEN GIVING FURTHER THOUGHT TO THE QUESTION OF IMPLEMENTATION AND WOULD WELCOME YOUR VIEWS ON THIS. WE SEE THREE MAIN OPTIONS.

5. THE FIRST IS TO CHANGE THE EXISTING LEGAL BOUNDARY TO MAKE IT COINCIDE WITH THE AGREED ADMINISTRATIVE BOUNDARY. YOUR EARLIER ADVICE (FCO TELNO 862 OF 1990) WAS THAT TO DO SO WOULD REQUIRE CHANGES TO BOTH UK AND HONG KONG LEGISLATION. THIS APPROACH WOULD AVOID PROBLEMS OVER THE EXERCISE OF CRIMINAL AND CIVIL JURISDICTION IN AREAS BETWEEN THE AGREE BOUNDARY AND THE EXISTING LEGAL BOUNDARY. IT WOULD CLEARLY DELINEATE THE SPHERES OF OPERATION OF OUR SECURITY FORCES AND HELP TO REDUCE THE OCCURRENCE OF INCURSIONS INTO OUR WATERS BY CHINESE SECURITY FORCES. IT MIGHT ALSO STRENGTHEN THE CLAIMS OF THE AGREED LINE TO BECOME THE BOUNDARY OF THE HKSAR. HOWEVER, LEGISLATION COULD BE CONTROVERSIAL HERE. WE WOULD BE SEEN AS GIVING AWAY TERRITORY WITH NO GUARANTEE FROM THE CHINESE SIDE THAT THE AGREED LINE WILL BE ADOPTED BY THE NPC AS THE SAR BOUNDARY. WE DO NOT IMAGINE THAT YOU WOULD FIND LEGISLATION IN THE UK AN ATTRACTIVE PROSPECT.

6. THE SECOND OPTION IS TO RECORD OUR UNDERSTANDING WITH THE GUANGDONG SIDE IN A MEMORANDUM OF UNDERSTANDING TO BE SIGNED AT HEAD OF DELEGATION LEVEL. A DRAFT MOU IS AT MIFT. AS YOU WILL SEE, THE MOU AS DRAFTED IS VERY SIMPLE AND WOULD COVER AN AGREED MAP. IT WOULD NOT BE LEGALLY BINDING. THE LEGAL RIGHT TO EXERCISE CIVIL AND CRIMINAL JURISDICTION WITHIN THE OLD BOUNDARY WOULD REMAIN IN THEORY (THOUGH IN PRACTICE THIS WOULD NOT BE EXERCISED). THIS APPROACH WOULD BE A MEANS TO MAKE THE NEW LINE OPERATIONAL (THEREBY HELPING TO REDUCE INCURSIONS AND STRENGTHENING THE CLAIM OF THE LINE TO BECOME THE SAR'S BOUNDARY) WITHOUT THE HIGH VISIBILITY OF THE LEGISLATIVE ROUTE.

7. HOWEVER, THE MOU WOULD HAVE TO BE PART OF A SYSTEM OF PRACTICAL CO-OPERATION RATHER THAN AN END IN ITSELF. WE WOULD NEED TO COME TO AN UNDERSTANDING WITH THE GUANGDONG AUTHORITIES AS TO PRECISELY WHAT IT MEANT FOR THE OPERATIONS OF OUR RESPECTIVE SECURITY FORCES. THE GUANGDONG SIDE ARE LIKELY TO WANT

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