2
Pay 127/7-
SECRET
FROM:
Paul Fifoot
DATE:
25 July 1984
3 Mr Galsworthy (HKD)
HKKR 011-3
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CHANELIN REGISTRY group.
- 7 AUG 1984
Cra
به امانه
CC PS
286
PS/PUS
Sir Percy Cradock
Sir W Harding
Sir J Freeland
Mr Walker (Research Dept)
Ano
PA
Riv
HONG KONG:
1.
CONSTITUTIONAL ARRANGEMENTS:
CONTINUITY
Telegrams from the Governor stress the importance
of continuity in 1997. In addition (and as a substratum)
to matters of substance (which are the subject of the various
annexes now being negotiated in Beijing) and of public
confidence, there are practical and legal reasons for making
provisions for continuity much of it at a nuts and bolts
level. Indeed continuity at the nuts and bolts level is necessary to ensure continuity on matters of substance.
Examples are:-
(a) an official issues an order relating to
public works after 1 July 1997;
(b)
does
his appointment before that date by Hong
Kong remain valid for the SAR?
proceedings have been commenced in the
Supreme Court in January 1997 but not
been concluded before 30 June; can they
continue unaffected from 1 July onwards or
are they vulnerable to the argument that
they must start anew in accordance with the
Basic Law?
I attach a photostat of various provisions of a Tanganyika law of 1962 providing for continuity between the independence (monarchical) constitution of 1961 and the republican constitution of 1962 the various matters which may have This is purely an illustration
to be taken into account.
1
SECRET
/0£