TNAG-2990-FCO40-3574-Future-of-Hong-Kong-constitutional-development-talks-betwee-1992 — Page 67

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which would participate in in the Basic Law for the election of subsequent Legislative Councils). He quoted from the Secretary of State's message to the effect that we agreed in principle to the arrangement put forward by the Chinese side. The Governor disputed this interpretation.

4.

In the course of this exchange Lu Ping suggested that the Chinese side might publish the relevant documents, with our permission, in order to clarify the facts. He asked us to consider this. In a press conference after the Governor's departure from Peking he reportedly referred to secret exchanges between the British and Chinese Governments on electoral arrangements (we have no transcript of what he said). This has caused a considerable stir in Hong Kong.

5.

When the Governor reported to LegCo on his visit earlier today he was asked by a member whether the exchange of confidential messages to which Lu Ping had referred could be made public. He said that he as Governor would have no objection if the British and Chinese Governments wished to do so. Since then representatives of all the main political groupings in LegCo (including the CRC, the UDHK and pro-Chinese members) have called for the publication of the exchange. Mr Allen Lee has written formally to the Governor in that sense.

Argument

6.

The Governor believes (and we agree) that we would be in a position of extreme tactical weakness if we did not publish the papers.

If we ignore the request of LegCo members, we signal that we have something to hide. This would greatly diminish the credibility of the Governor's proposals on the Election Committee. The Chinese have already threatened to publish the papers and could quite possibly do so unilaterally (and with their own spin on them) if they saw us hesitating. This would put us completely on the defensive. We would have to put forward our counter-arguments from a position of weakness.

7. Where the substance is concerned, I attach the three texts which we recommend should be made public. It has to be said that our position is not comfortable. We have never considered ourselves as bound by any prior understanding with the Chinese side on the Election Committee. But it is unfortunately the case that when the Governor's proposals were being prepared no-one in Hong Kong, London or Peking had in mind the 1990 exchange. The second draft telegram contains an explanatory note (cleared with the Governor)

CONFIDENTIAL