HONG KONG BILL

NOTES ON CLAUSES

INTRODUCTION

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S

2 1 JAN 1985

PA

71

REGISTRY

Action Taken

a

i. A Bill is required to implement the Joint Declaration of the Government of the United Kingdom and

the United Kingdom and the Government

the Government of the People's

China on Republic of

the question of Hong Kong

as Hong Kong (published White Paper, command 9352). The Joint Declaration was signed by the British and Chinese Prime Ministers on 19 December 1984 in Peking.

2.

Paragraph 8 of the Joint Declaration states that instruments of ratification will be exchanged before 30 June 1985. It is therefore

necessary

put the Hong Kong Bill through all its stages

rapidly as possible.

the

over

to

the ceded

as

3. Legislation is necessary in two respects to allow us to ratify agreement: first to provide for the termination of sovereignty

of parts

Hong Kong and the termination of jurisdiction over the whole territory as from 1 July 1997, and second to accord diplomatic privileges and immunities to the Chinese members of the Joint Liaison Group who will attend meetings of the

Group in London. Ministers have decided that two other associated subjects should be included in the Bill: an enabling clause to allow a subsequent Order or Orders in Council in order to implement the UK

Memorandum on

on nationality associated with the agreement and to make other necessary provisions relating to nationality, and a further

enabling clause to allow technical amendments to be made to UK legislation. In the event of parliamentary opposition which threatened to delay the Bill's passage, and hence ratification,

these two aspects of the legislation could in the final resort be dropped and dealt with in a separate Bill.

of Hong Kong.

4. Although the Bill is fairly narrow in scope MPs may well use the

debate the whole future

Following

the endorsement of the agreement by the people of Hong Kong, the

opportunity

to

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