CODE 18 - 77

Mr Paul FED

Reference.

33

STATUS OF HONG KONG

1. The Memorandum by the Foreign and Commonwealth Office on "the Constitutional Position of the Governor of Hong Kong" (published 11 March 1976 as Appendix 5 of the House of Commons Paper 270) sets out clearly the powers of the UK in Hong Kong. Although the word "sovereignty" is not used, I think the memorandum could be described as the most recent definitive statement by HMG on the status of Hong Kong.

2.

Extracts from paragraphs 1 and 2 of the memorandum read:

"Hong Kong is a Crown Colony and the Secretary of State for Foreign and Commonwealth Affairs is responsible to Parliament for the Government there... The Governor is both the representative of, and responsible to, the Crown... The Governor is the supreme authority within the Colony... However, the Letters Patent formally reserve to the Crown the power of disallowance of any Ordinance enacted in Hong Kong and the power to legislate for the Colony by prerogative Order-in-Council. Furthermore the UK Parliament has power to legislate for Hong Kong by Act of Parliament".

24 November 1976

cc:

Mr Milton

HKD

24-

R

5. Bishop

RS Bishop (Miss) Far Eastern Section Research Department

ра

Share This Page