Mr Bickford
CONFIDENTIAL
HKK 040/53
ник
Referen HTCEIVED IN REGISTR
- 5 OCT 1984
DESK OFFICER
33
INDEX
c.c. Mr Fifobt
PA
✓
Mr Galsworthy,
HKD
HONG KONG LEGISLATION:
1.
''TERMINATION OF SOVEREIGNTY''
Reflecting on the draft paper for legislation, it has occurred to me that we are inadvertently using ''termination of sovereignty'' in two senses. In connexion with clause 1, we are dealing with the statutory termination of sovereignty over the ceded territory. In connexion with what I may call clause 3, we are dealing with the consequential modifications to statutes in connexion with and in preparation for the termination of sovereignty, both as a result of the statutory termination for the ceded territory and also the termination affected by operation law on expiry of the interstate lease. I am not sure how far we have used the term ''sovereignty'' in connexion with the leased territories, and do not therefore wish to suggest an amendment at the key point in paragraph 7(c). But for present purposes it could perhaps read ''modification of UK statutes in preparation for and on the occasion of the termination of sovereignty over the ceded territories and the ending of the lease over the leased territories would be dealt with etc.'! There is a consequential amendment in the last sentence which might read: ''Some of these modifications can be definitively settled.".
In preparing the Instructions for Parliamentary Counsel we might try to find a form of words for this part of the Instructions which contrasts less sharply the ceded and the leased territories.
2.
3.
As part of the planning, it is necessary to consider what, if anything, will be done about the Prerogative Orders in Council. I imagine that they would be amended as necessary during the final stages and then finally revoked with effect from the transfer of sovereignty and the ending of the lease. But it might be useful to have the answer to this question available during the Parliamentary debate in December, in case it is used.
CODE 18-77
1 October 1984
H& Darwin
H G Darwin
Second Legal Adviser
CONFIDENTIAL