SECRET
some delegation of international authority to the local
government nor arrangements for regular consultation
between the UK and the PRC on important matters of common
interest.
1
29.
Such an arrangement (ie trading sovereignty for
administrative control) should ideally be embodied in an
international agreement registrable at the United Nations.
The agreement need not necessarily be of a formal or detailed
character so long as it clearly established the rights and
obligations of the parties under international law. Α
unilateral declaration by the PRC or a joint communiqué might
suffice for this purpose provided it described the arrangement
in sufficiently precise terms. While it is desirable that
the arrangement should be legally enforceable by the UK
(however unlikely it may be that the PRC would submit to
adjudication by a third party) the most important consideration
is to obtain a commitment from the PRC to abide by its terms
which would provide a sound basis in international law for
the exercise by the UK of powers and jurisdiction in accordance
with its terms. The arrangement would need to be sanctioned
by Parliament and implemented in UK legislation by Order in
Council (and would almost certainly require an Act of
Parliament).
- 16
SECRET
/Scope