DSR 11 (Revised)

CONFIDENTIAL

minute/letter/teleletter/despatch/note

DRAFT:

FROM:

F Burrows

DEPARTMENT:

SECURITY CLASSIFICATION

TO:

Top Secret

Secret

Confidential

Restricted

Unclassified

PRIVACY MARKING

CAVEAT.

TEL. NO:

CH de Waal Esq

Office of the Parliamentary Counsel

36 Whitehall

London SW1A 2AY

TYPE: Draft/Final 1+

Reference

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..In Confidence

SUBJECT: HONG KONG BILL

1. Thank you for your letter of 15 November, and for

letting us have a draft Bill so promptly. The

following points occur to us.

Enclosures-flag(s)...........

Clause 1(1)

2.

We think it important to distinguish between

territorial sovereignty, which will cease as from

1 July 1997, and title to land in private law which

may continue after that date. To give a concrete

example, after 1997 it is possible that the Crown may

wish to retain some private law title to premises in

Hong Kong for use by the British Representative,

although the Crown will retain no sovereignty over any

part of the territory. It occurs to us that in this

ts connection the rather old precedence on which you have

relied, and which include the word "title" may be

slightly misleading. We would prefer to follow the

precedent of Section 1 of the Cyprus Act 1960 (c.52),

by providing that Her Majesty shall cease to have

"sovereignty or jurisdiction" over any part of

Hong Kong. This would make it clear that sovereignty

/would

CONFIDENTIAL

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