CODE 18-77

Mr Clift, HKD

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Reference...

Pa

W

PARLIAMENTARY PROCEDURES (YOUR MINUTE

259

FUTURE OF HONG KONG:

OF 27 MARCH)

1.

The "Ponsonby Rule" is the name given to a parliamentary practice. It concerns the laying before Parliament of texts of agreements before they are ratified. It does not require any laying before Parliament before signature. For this reason the draft speaking note attached to the minute from the Parliamentary Unit of 23 March is, in my view, largely irrelevant. Neither Ponsonby rule, nor any rule of law, require the laying before Parliament of any draft treaty before it is signed. The decision to consult Parliament before signature of our proposed agreement with China must be based only on political

considerations.

2.

I am very doubtful whether in these circumstances it is appropriate to speak to the Chinese at length on the Ponsonby rule. However in case you should wish us to do so I attach a redraft of the speaking note.

J. Burrows

F Burrows

Legal Counsellor

27 March 1984

M. Powell

Pl. consider.

27/3

MW Borrows has a good point. Parliamentry units wide is of no use.

we should flick to Th love

in Dr Wilson's minato.

The need for debate is

q

agreed

23 March, That

of

a matter if Political imperatre, not of miles. No fuster actron requred,

the 27/3

- TAN*་

MKK040/1

2 APK 1. 04

I creff

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