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Sir P Cradock PS/Mr Luce Must

Cradock Jayce

Private Secretary

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CONFIDENTIAL

96.

HKK 040/53

RECEIVED IN REGISTRY

A C GALSWORTHY,

HKD!

1 6 NOV 1984

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PA

Action Taken

DESA OFFICER

INDEX DATE: 14 November 1984

CC: Dr Wilson

fur lnce agrees

Mr Burrows (Legal Advisers)

HONG KONG AGREEMENT: LEGISLATION

Telegram sent.

Shermansk 15/11

A 1. When EXCO discussed our proposed Hong Kong legislation some

reservations were expressed about our intention to provide for the termination of sovereignty by means of a clause in the Hong Kong Bill. Some of the Unofficials continue to favour the procedure of an enabling clause providing for termination to be made by a

subsequent Order-in-Council. They recalled a discussion in London with Mr Luce and Officials last April, at which stage we too had expressed preference for the second course.

B

2. These reservations on the part of some EXCO Unofficials was were reflected in the minutes which the Secretary of State addressed to the Prime Minister and other colleagues, explaining why he nonetheless stood by his decision in favour of a clause in the Bill. Other Ministers have now concurred with this preference.

3. I think it will now be helpful if Ministers' thinking was to be set out in a form in which it could be formally communicated by the Governor to EXCO. All the arguments adduced by EXCO members in favour of the Order-in-Council are fallacious: it should help the Governor, and help to show that they have been taken serious! y i f they could be dealt with one by one. I submit a draft telegram, agreed by Legal Advisers, which seeks to do this.

?

14 November 1984

AC Galsworthy

Hong Kong Department

CONFIDENTIAL

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