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BE DRAFTED SO AS TO GIVE SOME INDICATION OF THE LIKELY PARAMETERS
OF THE SUBSIDIARY LEGISLATION BY ORDER IN COUNCIL. WE DO NOT
HOWEVER THINK THAT IT WILL BE POSSIBLE TO DEAL SUBSTANTIVELY WITH
THE NATIONALITY ISSUE IN SUCH A WAY AS TO MAKE FURTHER SUBSIDIARY
LEGISLATION UNNECESSARY. PROVISIONS IN SUCH DETAIL COULD DELAY
THE DRAFTING, INTRODUCTION AND DISCUSSION OF THE BILL TO THE
POINT WHERE OUR TIMETABLE FOR RATIFICATION WAS PUT AT RISK.
AMENDMENTS TO STATUTES
6. IT WILL BE NECESSARY FOR THE BILL TO DEAL WITH MODIFICATIONS
OF LAWS IN PREPARATION FOR OR CONSEQUENT ON THE TERMINATION OF
SOVEREIGNTY. THIS WOULD BE DONE BY THE INCLUSION OF ENABLING
CLAUSES ALLOWING SUBSEQUENT SUBSIDIARY LEGISLATION. IT IS OUR
INTENTION TO SEEK PROVISIONS IN THE BILL WHICH WOULD ALLOW THE
UK, ACTING BY ORDER IN COUNCIL, OR HONG KONG, ACTING BY LOCAL
ORDINANCE SUBJECT TO DISALLOWANCE AND SUBJECT TO OTHER CONTROLS
IMPOSED BY THE LETTERS PATENT AND THE ROYAL INSTRUCTIONS, TO
REPEAL OR AMEND ANY ACT, ORDER OR REGULATION IN SO FAR AS IT IS
PART OF THE LAW OF HONG KONG. IN THE SAME WAY HONG KONG WOULD BE
ALLOWED TO LEGISLATE WITH EXTRA TERRITORIAL EFFECT. WE ALSO
ENVISAGE THAT THE BILL WOULD ALLOW SIMILAR REPEALS OR AMENDMENTS
TO BE MADE BY ORDER IN COUNCIL, IN SO FAR AS THE ACT, ORDER ETC
TO BE REPEALED OR AMENDED FORM PART OF THE LAW OF THE UNITED
KINGDOM. WE HOPE THIS PROCEDURE, WHICH WAS PROVISIONALLY SET OUT
IN OUR TELNOS 2111 AND 2112, WILL MEET YOUR CONCERNS.
PRIVILEGES AND IMMUNITIES
7.
IT WILL BE NECESSARY FOR THE BILL TO PROVIDE FOR DIPLOMATIC
PRIVILEGES AND IMMUNITIES TO BE GIVEN TO THE CHINESE MEMBERS OF
THE SINO-BRITISH JOINT LIAISON GROUP WHEN THEY ARE IN THE UK. WE
ASSUME THAT THERE WILL ALSO NEED TO BE LEGISLATION IN HONG KONG
ON THIS POINT. WE HAVE TELEGRAPHED SEPARATELY ON ASPECTS OF
THIS QUESTION.
8. WE SHOULD BE GRATEFUL FOR YOUR VIEWS AS SOON AS POSSIBLE.
YOU WILL CLEARLY WISH TO TOUCH BASE WITH EXCO ON THE TERMINATION
OF SOVEREIGNTY POINT. WE LEAVE IT TO YOUR DISCRETION HOW FAR YOU
GO INTO THE OTHER POINTS WITH EXCO, THOUGH WE HOPE THAT IF YOU DO
DECIDE TO SPEAK TO THEM, ESPECIALLY ON THE NATIONALITY ISSUE, YOU
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