169
CONFIDENTIAL
Hong Kong Bill
HKCK 040/53
4/1
EXPLANATORY MEMORANDUM
The Bill provides for the termination of British sovereignty over the ceded parts of Hong Kong and the termination of British jurisdiction over the whole territory. It also provides for other matters consequential on, or connected with, the change of sovereignty and jurisdiction and the implementation of the Joint Declaration of the Government of the United Kingdom and the Government of the People's Republic of China on the question of Hong Kong signed in Peking on 19th December 1984.
Clause 1 provides for the termination of sovereignty and jurisdiction as from 1st July 1997. This section is designed to come into force at the same time as the Joint Declaration on a date before 30th June 1985 which has yet to be agreed with the Government of the People's Republic of China.
Clause 2 provides for the Schedule to the Bill to deal with matters consequential on or connected with the Joint Declaration or the termination of sovereignty and jurisdiction.
SCHEDULE
Paragraph 1 provides the necessary definitions for the Schedule.
Paragraph 2 enables Orders in Council to be made to implement the Joint Declaration and the related exchange of memoranda whereby certain persons will lose their status as British Dependent Territories citizens and will become entitled to acquire a new form of British nationality. There is also power to make pro- vision to prevent persons becoming stateless. Orders under this Paragraph section are expressed to be subject to the affirmative resolution
procedure.
Paragraph 3 enables Orders in Council to modify United Kingdom enactments in preparation for or consequent upon termination of United Kingdom sovereignty and jurisdiction. It will enable the United Kingdom Government and the Govern- ment of Hong Kong to secure technical modifications customarily made in independence Acts. Orders under this paragraph are expressed to be subject to the negative resolution procedure.
Paragraph 4 accords diplomatic privileges and immunities to the Chinese members of the Joint Liaison Group who will attend meetings of the Group in London.
Clause
39-1
A
CONFIDENTIAL
49/2
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