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was provision for the exercise of such jurisdiction is made by
the Foreign Jurisdiction Act 1890. Such jurisdiction was
however usually conceded by a weak State in the face of
British imperial power and these examples would not constitute
attractive precedents for the PRC, bearing in mind that
China has in the past been forced to concede jurisdiction
over parts of its territory to stronger foreign powers.
There is no precedent for the voluntary concession of
such jurisdiction by a powerful state such as the PRC. Any
arrangements that might be made between the UK and the PRC
would have to be divested of 'imperialist' or 'colonialist'
characteristics in order to appeal to the PRC.
15.
Whether such arrangements would be compatible with
a situation in which Hong Kong became at the same time a
Special Administrative Region of the PRC would seem to
depend on:
(a)
whether the PRC could reconcile this situation
with the Constitution of the PRC (Article 30
(b)
of which deals with Special Administrative
Regions in brief and broad terms) and; more
important,
the willingness of the PRC to conclude a
management contract' with the UK, under which
in fact Hong Kong continued to be governed
internally and internationally by the UK as a
'caretaker'.
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