CODE 18-77
SS 8/78
SECRET
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Reference
52
Mr Williamson, HKGD
FUTURE OF HONG KONG: DRAFT PAPER
Akk ovoli
нско
RECEIVED IN REGISTRY NO. 51
10 MAR 1381
DESK OFFICER INDEX
PA
REGISTRY Action Taken
See
If the United Kingdom is to relinquish to Sovereignty over Hong Kong to China, an Act of Parliament will be ne
necessary
•
55
2. If, having relinquished sovereignty, the U.K. is to administer Hong Kong in pursuance with arrangements made with China as the new sovereign, those arrangements could probably be implemented by Order in Council under the Foreign Jurisdiction Act 1890. It would probably be more convenient however for the Act of Parliament mentioned at para.1 to make the necessary provision.
It
3. This Act would also have to deal with nationality. would indicate to what extent Hong Kong belongers who possessed a British citizenship were to lose that citizenship. Consideration would have to be given to the future status of Hong Kong belongers, e.g. whether they were to have no British citizenship (being citizens of China) or whether they were to be British Protected Persons.
4.
In so far as the UK had incurred rights and obligations in respect of Hong Kong under international agreements, these agreements should presumably continue in force until such time as China succeeded over the obligations. This presupposes that the arrangements with China would allow the UK to continue to be internationally responsible for Hong Kong. If not, there would presumably be some sort of deal with China to take over existing obligations and ensure that the UK were consulted before China entered into new ones in respect of Hong Kong.
2 March 1981
A.R.R.
A R Rushford
Deputy Legal Adviser
SECRET
Page 165Page 166