TNAG-2879-FCO40-4151-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 148

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treaties of its own but has relied on the application to it of

the UK's treaties or of Commonwealth arrangements. Their

application to Hong Kong will be unable to survive the transfer of sovereignty. We have therefore proposed to the

Chinese authorities, that Hong Kong should negotiate its own

Mutual Legal Assistance (MLAT) treaties, based on an agreed

model, under entrustment from the UK. I enclose a copy of the

model MLAT. After each treaty is initialled we would then

seek agreement from the Chinese side that the treaty can

continue in force after 1997. The treaty is then signed by Hong Kong Government.

3.

Unfortunately, such treaties cannot be put into place

before 1997 in the case of the United Kingdom, since

one part of the territory of the UK cannot enter into legally

binding agreements with another part of that territory.

Additionally the PRC would be very suspicious of any treaty

negotiated between the present Hong Kong Government and the UK. They would assume that it had been negotiated under

duress. Hong Kong have therefore suggested that we should

proceed to negotiate treaties on the basis of the relevant

model texts already agreed with the Chinese, and then seek

Chinese agreement that the Chief Executive of the SAR

Government should be authorised to sign the treaties as soon

as possible after 1 July 1997. Hong Kong propose to send a negotiating team to London this September to negotiate the

draft treaties.

4. I should be grateful for your views, in consultation with other Whitehall Departments, on the following points.

i) Whether you think there is a need for a UK/Hong Kong

MLAT after 1997.

ii) Whether you think there will be any major difficulties in negotiating on the basis of the Hong Kong

model treaty, and what changes if any you would wish to see

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