FCO 21/1138 Representation of China in Hong Kong





YEAR

STAMP

1973

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FILE NOFEH 330.1 TITLE: Representation of Chu

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UNTIL

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Registry Address

Room No. 27........

King Charles Street,

YEAR STAMP

1973

-

- H

Mr. Wilford

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Cappy. No 4 of

6

ד'

Chinese Representative in Hong Kong

The Secretary of State has seen your minute of

yesterday and has commented:-

2.

"Yes, I will accept your alternative draft. The commonsense thing would seem to be to have a representative sooner rather than later, but the Chinese Government is a Communist government and one must not give up any card too soon.

(+

I am despatching the letter to Lord Bridges.

Copied to:

PS/Mr. Royle

Mr. Youde Mr. Stuart

Mr. Evans

1

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(P.H. Grattan)

16 November, 1973

A

546

Mr. Wilford

Chinese Representative in Hong Kong

The Secretary of State has seen your minute of yesterday and has commented:-

2.

"Yes, I will accept your alternative draft. The commonsense thing would seem to be to have a representative sooner rather than later, but the Chinese Government is a Communist government and one must not give up any card too soon.

I am despatching the letter to Lord Bridges.

Copied to:

PS/Mr. Royle

Mr. Youde Mr. Stuart

Mr. Evans

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(P.H. Grattan)

16 November, 1973

The Secretary of States

minutes recorded on a

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on the substantive fill.

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SECRETARY OF STATE

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I recall that when you discussed this issue on leaving

Peking last November at the meeting with the Governor and

unofficials in Hong Kong you took the line that sooner rather

than later you felt that we might be wise to accept a Chinese

representative in Hong Kong. In preparation for Chi Peng-fei's

visit here we went over all the ground with you again and I

thought that you had accepted the argument contained in your

own DOP paper, which has the endorsement of your colleagues,

that it would be unwise to contemplate discussion of the future

of Hong Kong with the Chinese Government in the foreseeable

future. [The paper is one which is due to be brought up for

reconsideration by DOP on 1 December an annual event]. The

-

paper equally makes clear if my recollection is correct

-

and

that if it

I cannot get a copy of the paper at this moment

becomes clear that the Chinese will not contemplate an extension

of the lease and therefore that Hong Kong is somehow going to

revert to Chinese sovereignty we should seek a favourable

moment at which to negotiate about it. Equally in discussions

which I have had with Sir M. MacLehose about this he has said

that the appointment of a Chinese representative might well be

one of the steps envisaged in a negotiation, but only once it

/has

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X

has become apparent that cession was inevitable.

2.

Because we would not now advise you that the moment had

come to embark upon a negotiation in the terms of the DOP paper

we would much prefer that you should not go on record in the

memorandum to be attached to your Private Secretary's letter

minute.

to the PS at No. 10 in the terms set out in your own manuscript

Still less do I think that it would be appropriate for

such a far reaching change of policy to be included simply in

the Private Secretary's letter. When the matter is discussed

with the Prime Minister you would no doubt have the opportunity

to develop your thought if after further study of the DOP paper

you still hold to your view.

3.

I would greatly hope therefore that you would not insist

on this, with respect, heretical thought being included in the

memorandum going to No. 10. If however you would like some

mention of the possibility would you consider the addition of

a new penultimate paragraph to the memorandum as follows:-

"Nevertheless it is accepted that a time may come when,

if there is to be a change in the status of Hong Kong,

there will have to be some agreement with the Chinese

which could involve the appointment of a Chinese

representative to live in Hong Kong. But the time for

this is not now, since it would lead to a loss of

confidence which the Governor attaches the highest

importance to avoiding".

K.M. Wilford

J

15 November, 1973

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Copy No

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Enver and x.

Pope: redroxied before submission to Si Evic Nomis.

OFFICIAL CHINESE REPRESENTATION IN HONG KONG

Background

1.

RE.

29/1

During the Secretary of State's visit to Peking both the

Chinese Foreign Minister and the Chinese Prime Minister asked

him to reconsider his refusal of the Chinese proposal to

establish an official representative in Hong Kong. The

Secretary of State told Chou En-lai on 1 November that he would

like to think about the matter and would get in touch with

Chi Peng-fei in due course. On 29 December, the Permanent Under-

Secretary told the Chinese Ambassador that the Secretary of State

was giving the matter his personal consideration but that, because

of the problems which the proposal raised for us, consideration

would have to be long and careful. The Chinese Foreign Minister

is to visit London from 22 to 25 February. He is certain to wish

to bring up the matter.

The views of HM Ambassador Peking and the Governor of Hong Kong

2. Sir John Addis's views are set out in detail in his despatch

of 18 December. They can be summarised as followB. Undue delay

in replying to, or outright refusal of the Chinese proposal carry

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the risk both of adversely affecting the good relations we currently

enjoy with China and of forgoing improved Sino-British co-

operation over matters affecting Hong Kong in a period of

evolution leading up to 1997. Sir John Addis therefore

recommends:

(1) that there should be no further delay in replying

to the Chinese; and

ly should not

re-negativej

B

3.

(ii) (i) that we should explore the ground further and discuss

with the Chinese the appointment (with functions defined to

our satisfaction) of a Chinese Government representative in

Hong Kong as part of a wider normalisation of relations

between Hong Kong and China, making our agreement contingent

upon satisfactory agreements on other matters affecting

Hong Kong (and ensuring that any agreement can be presented

in a way which will not shake public confidence in the

Colony).

The Governor of Hong Kong takes a different view. It is

set out in detail in his despatch of 11 January and can be

summarised as follows. The risks inherent in any concession to

the Chinese continue to be greater than any threat yet made by

the Chinese. Refusal of the Chinese proposal would be reversible;

acceptance would not. Public confidence would be bound to be

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/affected

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affected. We should therefore maintain our courteous refusal.

If, and only if, it becomes clear that this position is untenable

in the light of Chinese reactions should we attempt to negotiate

the best terms we can on the lines suggested by Sir John Addis.

In the meantime our approach should not be entirely negative.

The Governor proposes that he should slowly advance the degree

of official contact with the present "semi-official" Chinese

representative, Leung Wai-lam, the Head of the NCNA office in the

Colony. Eventually this would bring us near the Chinese position

except that the representative's position would be unacknowledged

and thus could be dropped at any time. In other words our tactics

should be to give a practical and positive response on our own

terms while formally maintaining our refusal to the Chinese

request as framed in their terms, The Governor would ensure

that this trend was "fully discernible" to the Chinese before

Chi P'eng-fei's visit to London, The release of the remaining

four confrontation prisoners by May would help to sugar the pill

for the Chinese.

4. It is worth remarking that what the Governor now proposes,

and has indeed acted upon to some extent already, represents a

/considerable

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considerable movement in his position from the rather rigid

opposition which he expressed when the Chinese first brought

up this issue with us again in 1971-2.

THE OPTIONS

5. There are six possible courses open to us:

(a) to tell the Chinese that we have given further

consideration to their proposal, but to make it clear

that the time is not ripe to agree to it; [such a

refusal could nevertheless be accompanied by the making

of certain practical concessions towards the CPG's

position in Hong Kong, eg increased contact between the

Governor and Leung Wai-lam, in a way which would not fail

to escape Chinese notice;]

(b) to tell the Chinese that we could only consider their

proposal if their representative were specifically appointed

(and publicly designated) as Consul-General;

(c) to reject the Chinese proposal;

(a) to tell the Chinese that we are still unable to give

an answer, ie to play for more time;

(e) to tell the Chinese that we wish, through discussions,

to explore their proposal further;

(f) to agree outright.

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/6.

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6. The following paragraphs examine these options in greater

detail.

(a) to tell the Chinese that we have given further consideration

to their proposal, and that the time is not ripe; but at the same

time to make some positive practical, if minor, concessions in

Hong Kong.

This is the course favoured by Sir Murray MacLehose. It amounts

to rejection of the Chinese proposal but recognition that the

situation may change in the future. The arguments for this course

are well set out in the Governor's despatch. They are, however,

based on the assumption that the Chinese will not at this moment

insist to the point of rupture. The Governor also proposes for

the future that we should not give way until we have to. This

could lose the potential advantages of agreeing while the atmos- phere is favourable, including the possibility that the Chinese might now be willing explicitly to limit the Representative's

functions, so as to minimise the harmful effects of his appoint-

ment. In any event the Chinese would almost certainly continue

to press us to reconsider.

sugar the pill by building up the position of the present No 1

(Leung Wai-lam) in the Communist hierarchy in Hong Kong, and by

making the trend of these concessions "fully discernible" to the

The Governor suggests that we should

/Chinese

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Chinese before Mr Chi P'eng-fei's visit to Britain. The Secretary

of State could then draw attention to these concessions by saying

to Mr Chi that the Chinese should "judge us by our actions" in

Hong Kong

This possibility assumes, however, that the Chinese Government

want to upgrade one of the present Communist hierarchy in Hong

Kong to the position of official Representative. It is possible

that the reverse is the case, that the Chinese want to appoint

The ut

a serving Foreign Ministry official as/Representative and to clip

the wings of the local Communist hierarchy. But even if this is

so, it would be possible for the Chinese eventually to introduce

a newcomer as head of NCNA in Hong Kong. This development would

therefore remain of value to them.

We might make a further practical gesture to the Chinese, although

this suggestion is the Department's and has not been cleared with

the Governor or Sir John Addis. Although Sir John Addis believes

that the Chinese want an official overseer of all Chinese Communist

activities in Hong Kong, their intentions are in fact far from

One point which they have consistently stressed is that

communications between Hong Kong and China are inconvenient and

that there is no visa-issuing office in Hong Kong. We might take

further steam out of the Chinese request by proposing that they

clear.

/set

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set up a visa office in Hong Kong. Thic dould be located in the

office of the China International Travel Service which might be

named the "China International Travel Service and Chinese Gover-

ment Visa Office", Consular functionaries from the Chinese MFA

could be posted to this office with no more grandiose title than

Visa Officer.

(b)

to

to tell the Chinese that we could only consider their proposal

if their representative were specifically appointed (and publicly

designated) as Consul-General.

The drawback to saying no to the Chinese is that it surrenders

the initiative to them and leaves us on the defensive for the

foreseeable future. They have said that they do not want to

disturb the status quo in Hong Kong. We are entitled to take them

at their word and to explain that, although we accept their good

faith, the appointment of a Representative would inevitably raise

doubts and disturb confidence. This would be against the interests

of both of us. These harmful effects could only be avoided if the

appointment explicitly and unequivocally recognised our present

right to administer Hong Kong.

If the Chinese Government accepted this, it would have some of the

public effect of confirming our right of tenure of Hong Kong, at

least until 1997. The Defence and Overseas Policy Committee are

/being

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-8-

.

being invited to agree that, although this is desirable, we

should not ask for it directly. In practice, however, whatever title the Representative was given, the Governor's concerns about

the immediate effect on confidence and about creeping loss of

control would remain valid. Moreover a Consul-General would have

the explicit right under international law to intervene in

matters affecting the affairs of his nationals, and might there-

fore have a greater power of mischief than a Representative.

such offer would therefore have to be carefully considered with

the Governor before it were made.

Any

Finally the Chinese would probably reject such a proposal anyway,

since it would be inconsistent with their public stand that Hong

Kong is already an integral part of China. The proposal's advan-

tage is therefore likely to be presentational. It would give us

a counterproposal to put forward whenever the Chinese raised the

subject and might make them conclude that it was not worth

pursuing. its risk is that they might merely be irritated by what

they would regard as a transparent manoeuvre. In addition it

would be open to the Chinese to propose a counter-tactic eg to

accept our proposal "in principle" and to invite us to show an

equal degree of "goodwill" by modifying our position through

discussion.

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(c) to reject the Chinese proposal

Total rejection would have all the drawbacks of course (a) and

none of the possible advantages. The Chinese have already shown

that they will not take no for an answer. They would thus retain

their freedom of manoeuvre and we would lose ours. The consequences

of giving a totally negative answer could be disagreeably harsher

than those of the more placating response suggested in course (a).

(d) to tell the Chinese that we are still mable to give an

answer, ie to play for more time

The Chinese accept that their proposal needs careful consideration.

Mr Chou En-lai told the Secretary of State that he "realised that

this was a problem which concerned the British side. There was

no need to worry. The Chinese did not want to settle the question

at one stroke". Mr Chi P'eng-fei also admitted that "this was 8

big question ... not something that the British Government could

decide today". It would therefore be possible to tell Mr Chi

that we had still not had enough time to study the matter since

the Secretary of State's visit. But this could only buy a little

time. It is now almost two years since the Chinese first brought

the matter up with us again (March 1971).

When the Chinese first brought up the proposal during the fifties

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/we

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we deliberately used the tactic of not replying.

This tactic

succeeded only for about a year and we were eventually constrained

Chinese

to tell the Chinese outright that we could not accept.

irritation would grow with what they would rightly regard as our

delaying tactics. Within six months or a year this irritation

might reach the point where it could affect our general relations

and make an agreement to differ on Hong Kong harder to achieve.

For practical purposes the chances of changes in the Chinese

leadership and Chinese policies within that time scale which

could increase the chances of agreement in our favour

discounted.

can be

(e) to tell the Chinese that we wish, through discussions, to

explore their proposal further

This is the course favoured by Sir John Addis. The arguments

in favour are set out in his Despatch. They are, briefly, that,

as the end of the New Territories lease approaches, we shall need

an authoritative Chinese in Hong Kong with whom to deal, and that

now while our relations are good is the time to define the terms

under which we would allow him to operate. The Chinese clearly

set great store by this proposal and are likely to put various

difficulties in our way if we do not agree. We should take our

/courage

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courage in both hands and negotiate.

However, Sir Murray MacLehose argues, almost certainly rightly,

that to agree to negotiate is, in effect, to agree to accept a

Representative, with only a short time gap between the two. This

proposal could therefore lead to all the ill-consequences which

he foresees from the Representative's appointment. Indeed,

since the news of the discussions would almost certainly leak,

uncertainty about their outcome could itself affect confidence.

The Defence and Oversea Policy Committee have concluded that we

should seek to stay in Hong Kong at least until 1997. The

effect both of the appointment of a Representative, and of the

public reaction in Hong Kong would be to lower confidence. This

would not bolster our administration. Rather it would be likely

to lead to its collapse well before 1997.

(f) to agree outright to the proposal

If we decided to accept a Representative, there would be every

reason to bargain to define his functions as closely as possible

and to get as much as possible in return for his appointment.

This course therefore has nothing to commend it over (e) above.

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