2

Pay 127/7-

SECRET

FROM:

Paul Fifoot

DATE:

25 July 1984

3 Mr Galsworthy (HKD)

HKKR 011-3

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everlatter with Itu pit baise

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

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