CONFIDENTIAL
65) HKD
Foreign and Commonwealth Office
London SW1A 2AH
2 November 1984
Dear Charles,
Hong Kong Legislation
HUU 040/53 нии
RECEIVED IN REGISTRY
0 5 NOV 1984
DESK OFFICER
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Action Taken
The Foreign Secretary has now completed his consultations with the Lord President of the Council, the Lord Privy Seal, the Attorney-General and the Home Secretary and reached agreement with them on the general form of the Bill needed to deal with the legislative implications of the draft agreement on the future of Hong Kong. We have also consulted the Governor of Hong Kong, who has discussed the matter with the Executive Council. Before Sir Geoffrey formally submits a paper on the matter to QL and OD(K), he wanted to let the Prime Minister know of the approach which he proposes to adopt.
I therefore enclose a draft of the paper which Sir Geoffrey proposes should be circulated for clearance out of committee. For speed of handling, I also enclose the draft of a minute which the Foreign Secretary would send to the Prime Minister, formally circulating the paper. Sir Geoffrey is anxious to set the drafting of the Bill in hand very soon: the Lord President of the Council has written to him referring to the absolute urgency of bringing this Bill forward as soon as possible.
There are two main points. The first is how to deal with termination of sovereignty. The consensus among Ministers whom the Foreign Secretary has consulted is that this should be done in the Bill itself, rather than by late Order-in-Council. The reasons for this, which largely relate to Parliamentary handling, are set out in the paper. We have put this proposition to the Executive Council in Hong Kong, since we had in April this year given them the impression that we favoured the Order-in-Council procedure. Opinion in the Council was divided. Sir S Y Chung and some of the Unofficials continued to prefer the Order-in- Council procedure, while other members accepted that this held unacceptable dangers. The Governor, who accepts the arguments against the Order-in-Council procedure, has advised that we should now proceed as proposed. The Foreign Secretary thinks that this is right: it is, as Lord Whitelaw
CONFIDENTIAL
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