CONFIDENTIAL
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PRIME MINISTER'S VISIT TO CHINA AND HONG KONG: 18-21 DECEMBER 1984
HONG KONG
Brief No 2: MEETING OF THE EXECUTIVE COUNCIL: SUPPLEMENTARY BRIEF
FOR THE SECRETARY OF STATE:
POINTS TO MAKE
HONG KONG BILL
1. Glad you have had an opportunity to study Bill. Need to move ahead as fast as possible in order to meet ratification date. Bill will be considered by Ministers on 7 January and introduced early after Parliament reconvenes. No dates fixed yet for second
reading: perhaps around end of January.
DETAILED DRAFTING (DEFENSIVE]
2.
Parliamentary Counsel would need to be consulted about any
proposed changes. Can only take note of any suggestions.
TERMINATION OF SOVEREIGNTY [DEFENSIVE]
3. The termination of sovereignty is provided for in the body of the Bill, rather than by a clause enabling a later Order in Council. Governor has already explained very fully the reasons for
Ministers' decision on this point. In the view of the Parliamentary managers, if we attempted to legislate for termination of sovereignty by an enabling clause allowing a subsequent Order in Council there would inevitably be pressure in Parliament to make it subject to Parliamentary control. If this happened it would make ratification impossible within the time allowed. Whichever course we follow makes no difference to ability of the Government to decide against going through with termination of sovereignty in 1997, should the Chinese commit some fundamental
breach of the agreement. In such extreme circumstances, Parliament
could be asked to repeal the Act. Practical effect same as declining to make an Order in Council.
4. Ministers were made fully aware of your views, but they took
CONFIDENTIAL