TNAG-2879-FCO40-4151-Agreements-between-the-Hong-Kong-Special-Administrative-Regi-1993 — Page 153

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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

over Whitehall Departments as you feel appropriate, on the

following points.

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

IPPA 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

(bearing in mind that each change away from the model text

will make it harder to secure Chinese agreement, although it

may be possible to borrow language from previous HK agreements

already agreed by the Chinese).

iii) Whether you think there will be any transitional difficulties concerning the transfer of sovereignty in respect of Hong Kong to China, with regard to IPPAs and whether you think there are any other steps we might undertake to overcome

them.

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