CONFIDENTIAL

To:

Mr Maye

Mr Cortazzi

Cornwy Roberto

PS) Lord Goronwy PS/Mr Zuard

Minister

(29) Flag

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STATUS OF HONG KONG

1. Mr Luard has said that he would like to know when and

in what terms HMG last made a definitive public statement on the status of Hong Kong. (Mr Green's minute of 16 November)

He would also like a substantive reply to be sent to Mr Hooley, perhaps in the form of a letter, in answer to his Question last month on this subject (Hansard, 15 November, Written Answers, Col 358). It has taken some time to under- take the research required and to arrive at any conclusions.

2. The powers of the Crown and the relationship of the Hong Kong Government to the Crown are set out in the Hong Kong

Letters Patent of 1917, which, though subject to subsequent

amendments, are still in force. The fact that Britain exercises sovereign powers over Hong Kong is clear from the

Letters Patent. British Ministers and representatives at meetings of international organisations have on a number of occasions stated that there has been no change in the status of Hong Kong. Mr Rees Williams, Parliamentary Under-Secretary of State, Colonial Office, stated in answer to a Parliamentary Question on 7 July 1948 that there was no change in Hong Kong's position as a Crown Colony. Lord Shepherd, Minister of State for Foreign and Commonwealth Affairs, stated in the flouse of Lords on 14 November 1967 that HMG would not consider any abrogation of their responsibility to the people of Hong Kong. More recently, on 1 April this year, Lord Goronwy-Roberts said

in the House of Lords that "HMG will continue to administer the territory of Hong Kong] in the interests of those who

live there

These statements, like that in Sir Colin Crowe's letter of 14 December 1972 to the UN Secretary General, contain an implicit assertion of British sovereignty over Hong Kong. So too does a memorandum which the FCO submitted to the

Defence and External Affairs Sub-Committee of the House of

11

CONFIDENTIAL

/Commons

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