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Mr A Paul FED
CONFIDENTIAL
Reference
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STATUS OF HONG KONG
i. Please refer to the request from Mr Luard and the British Embassy in Peking for the most recent definitive statement on HMG's sovereignty over Hong Kong. Research undertaken so far has not provided any reference to a clear statement in recent years by claiming sovereignty over Hong Kong. A number of official communications and public statements, however, contain an implicit assertion of British sovereignty.
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2. The British position in Hong Kong is determined by the following three agreements with China:
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Article III of the Treaty of Nanking of 1842 in which China ceded the Island of Hong Kong "in perpetuity" to the Crown of Great Britain.
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Article VI of the Convention of Peking of 1860 in which China ceded Kowloon Peninsula up to Boundary Road and the Stonecutter's Island to the British Crown.
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The Convention for the Extension of llong Kong of 9 June 1898, under which the New Territories were leased to the British Government for 99 years.
The powers of the Crown and the relation of the Hong Kong Government to the Crown are get out in the Letters Patent of 1917, which are still in force subject to amendment. The last amendment was made on 3 May 1976. The existence of British sovereignty over Hong Kong is clear in the terms of the Letters Patent under which the UK administers ¿liong Kong as a Crown Colony.
13. In a number of public statements since the war, members of the British Government
have said there was no change in the status of Hong Kong. Mr Rees Williams in AN affirmative answer to a Parliamentary Question on 7 July 1948, assured the questionos that there was no change in Hong Kong's position as a colony. In November 1964 The British representative at the United Nations Special Committee on the Implementation of the Declaration on Colonialism, said that the UK could not accept the statement made inter alia by Cambodia (now Democratic Kampuchea), that the territory of Hong, rous belonged to China; the UK reserved its position. On 14 November 1967 Lord Shephera gaud in the House of Lords that HMG would not consider any abrogation of their responsibility to the people of Hong Kong. On 19 December 1972 the British Amborsanor LO the United Nations, Colin Crowe (now Sir Colin Crowe) wrote in a letter to the Oreretary General of the United Nations that the General Assembly resolution inte. alia terminating the requirement for reports on Hong Kong as a non-selt-governin territory under Article 73e of the Charter, "in no way affects the legal status o nong Kong". Sir Colin added that differing views expressed by other Government unacceptable to the UK. On 6 November 1974 in a written answer to a Parliamen question, the Parliamentary Under-Secretary, Miss Joan Lestor said that the Bir Government had "no intention of abandoning Hong Kong". On 1 April 1976 LoY O
doberts said in the House of Lords that "HMG will continue to administer the ter?, co, (of ilong Kong) in the interest of those who live there.." In all these statement e as an implicit assertion of British sovereignty over Hong Kong.
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