CODE 18-77
ED. 12/76
Mr Ling HK&GD
CONFIDENTIAL
Reference
CT DEMAND
4 кконо
PUBLIC STATEMENTS ON THE STATUS OF HONG KONG
1- We spoke.
19/2
See (30)
2. The powers of the Crown and the relationship of the Hong Kong Government to the Crown are set out as published in the Hong Kong Letters Patent of 1917, which though subject to amendments (the last was 17 February 1977), are still in force. The fact that Britain exercises sovereign powers over Hong Kong is clear from the Letters Patent.
3.
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However, Representatives of HMG, whether in Parliament or in an international organisation or elsewhere, have for a number of years taken care to avoid making statements containing bald assertions of British sovereignty over Hong Kong. There are two basic reasons. The first is to avoid giving offence to the Chinese. The second is whether "sovereignty" has been the correct term to use with regard to the New Territories of Hong Kong since these were territories acquired by lease.
4.
A memorandum prepared by the Foreign and Commonwealth Office was published on 11 March 1976 as Appendix 5 to the Third Report from the Expenditure Committee of the House of Commons for the 1975-76 Session (House of Commons Paper 270). memorandum can be regarded as the most definitive public statement on the status of Hong Kong, containing, inter alia, the following reiteration of the Constitutional position of the Governor :-
"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 Colony's constitution is contained in Letters Patent and Royal Instructions issued to the Governor of Hong Kong.
The Governor is both the representative of, and responsible to, the Crown whose views are conveyed through the Secretary of State. The Governor is the supreme authority within the Colony
However, the Letters Patent formally reserve
to the Crown the power of disallowance by 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.
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This statement does not make use of the term "sovereignty", although the notion is clearly and implicitly asserted.
5. You may wish to note the following Parliamentary statements :-
a.
b.
7 July 1948 Mr Rees Williams, Parliamentary Under-Secretary of State, Colonial Office, stated that there was "no change" in Hong Kong's position as a Crown Colony.
24 March 1955 the Prime Minister, Sir Winston Churchill, asserted : "HMG are resolved to maintain their position in Hong Kong".
CONFIDENTIAL
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