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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 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 on the following points.
i) Whether you think there is a need for a UK/Hong Kong extradition treaty after 1997, as the present commonwealth scheme will no longer be able to continue.
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, or being considered by them).
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 extradition and whether you think there are any other steps we might undertake to overcome them.
iv) Whether you are content with the proposal that there should be negotiations with Hong Kong this September. We hope that your department will agree to be represented on the UK negotiating team, to be led by an FCO Legal Adviser, for the relevant part of the talks.
5. If you have any further questions please contact Rod Bunten of this department on 270-2655.
You Sincerely.
PF Ricketts
Hong Kong Department
Peter Rcbeth
b-c Miss Brooke, negal
Advisers
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