CONFIDENTIAL
83
TOP COPY
15763 - 1
DD 090100Z HONG KONG
GRS 649
CONFIDENTIAL
DESKBY 090100Z
FM FCO 071625Z NOV 84
TO IMMEDIATE HONG KONG
TELEGRAM NUMBER 2209 OF 8 NOVEMBER
INFO IMMEDIATE PEKING
77.
-MIPT: HONG KONG AGREEMENT :
LEGISLATION
HKK 040/53
RECEIVED IN REGISTRY
0 9 NOV 1984
Action Taken
DESK OFFICER
INDEX
RE
XY
PA
ひ
FOLLOWING IS TEXT OF RELEVANT SECTIONS OF DRAFT INSTRUCTIONS TO
PARLIAMENTARY COUNSEL:
BEGINS
A.
1.
SOVEREIGNTY
куш
THE MAIN PREREQUISITE FOR RATIFICATION OF THE JOINT DECLARATION WILL BE A PROVISION IN THE BILL DEALING WITH SOVEREIGNTY. IN THE VIEW OF HMG THE UK HAS SOVEREIGNTY OVER THE CEDED PARTS OF HONG KONG AND AN INTERNATIONAL LEASE OF THE NEW TERRITORIES, ALL BEING COLLECTIVELY KNOWN AS 'HONG KONG' (SEE PARAGRAPH 3 OF THE WHITE PAPER). CHINA CLAIMS TO HAVE SOVEREIGNTY ALREADY OVER THE WHOLE OF HONG KONG. THE JOINT DECLARATION DOES NOT ATTEMPT TO SOLVE THIS DISPUTE, BUT PARAGRAPHS 1 AND 2 MAKE IT CLEAR THAT THE UNITED KINGDOM WILL HAVE TO RECOGNISE CHINA'S SOVEREIGNTY WITH EFFECT FROM 1 JULY 1997. FOR THIS PURPOSE THE UNITED KINGDOM WILL HAVE TO DIVEST ITSELF OF SOVEREIGNTY OVER THE CEDED AREAS. IN THIS CONNECTION IT WOULD BE POSSIBLE FOR THE BILL TO DEAL ONLY WITH THE CEDED TERRITORIES AND FOR THE UK'S INTEREST IN THE NEW TERRITORIES TO TERMINATE BY EFFLUXION OF
TIME.
HOWEVER TO DO SO COULD BE MISCONSTRUED IN PEKING AND ELSEWHERE, PARTICULARLY SINCE THE NATURE OF THE UK'S INTEREST UNDER THE 'LEASE' IS NOT WITHOUT CONTROVERSY. IT MAY THEREFORE BE PREFERABLE FOR THE BILL TO AVOID DRAWING ANY DISTINCTION BETWEEN THE CONSTITUENT PARTS OF HONG KONG. IT COULD FOR EXAMPLE PROVIDE THAT WITH EFFECT FROM 1 JULY 1997. HER MAJESTY WILL
CEASE TO HAVE SOVEREIGNTY OR JURISDICTION OVER ANY PART OF HONG
KONG.
A PROVISION ON THE LATTER LINES IS THE PREFERRED OPTION. 2. THE NEXT QUESTION IS WHETHER THE BILL SHOULD ITSELF PROVIDE
1
CONFIDENTIAL