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of legislation to a point
a point which put ratification at risk the clause
would have to be dropped: and no Minister has dissented from this.
5. The way is therefore now sufficiently clear for us to move on
to the next step, which is to ensure that the general shape of the
legislation meets the requirements of Hong Kong. It will also probably be desirable for the Governor to touch base with EXCO on
one point, namely the means by which we provide for the termination
of sovereignty in the Hong Kong Bill. As the draft telegram explains, in an earlier discussion with the EXCO Unofficials they
were told that our inclination, at that stage, was to favour
termination by provision for a subsequent Order in Council.
Although no commitments were made to them on this point, it would
probably be prudent for the Governor to explain to them now the
considerations of Parliamentary handling which incline Ministers to
adopt the alternative option of a clause in the Hong Kong Bill
itself. We have already discussed this question informally with the
Governor, who believes that EXCO can be brought to understand the
reasons for the approach which we now propose to adopt.
6. Once the reactions of Hong Kong have been received, I
understand that the Secretary of State wishes to minute to the
Prime Minister with a draft paper on Hong Kong legislation before circulating the paper to QL and OD(K). I think it will be possible
in the minute that will cover that paper to deal with the slight
ambiguity over nationality described in para 3(ii) above.
23 October 1984
Colten
CO Hum
Hong Kong Department
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