CONFIDENTIAL
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Subsection 1(2) provides for this clause of the Bill to come into
of instruments of ratification, which
force on
the
paragraph 8 of
exchange
the Joint Declaration states must take place before
30 June 1985. The exact date on which instruments of ratification
will be exchanged is yet known, and will depend both on the date
on which this Bill receives Royal Assent, and on the date when the
Chinese are ready to ratify.
The date of the exchange of
notified in the London Gazette
of State being presented with
instruments of ratification will be
in order to avoid the Secretary
repeated requests to certify that date, eg for the purposes of
litigation in the UK courts
clause
Some members of the Executive Council of Hong Kong remain convinced
that we should deal with the termination of sovereignty by a
enabling an Order in Council to be made at a later stage, perhaps
much nearer to 1997. This was an option that we considered earlier
in discussion with EXCO. We were well aware of the presentational
advantages in Hong Kong of withholding the Order until after the
publication by the Chinese Government of the Basic Law for Hong
We
Kong, which must enshrine the provisions of the agreement.
accordingly considered a scheme whereby ratification preceded an
Order in Council divesting the UK of sovereignty. The Attorney
General however advised that such a scheme was acceptable if (but
only if) the Order was not
approval. The parliamentary managers agree that Parliament could
indeed seek to retain control by making the Order subject to
affirmative or negative procedures. Ministers therefore decided to
deal with the termination of sovereignty by a clause in the Bill
itself.
Presentation apart, there
in any way subject to Parliamentary
between the two possible courses.
is no practical difference
If the Chinese were to commit
some fundamental breach of the agreement Parliament
repeal the Hong Kong Act, including its
to
termination
declining to
however very
of
sovereignty.
This would have the
approve an Order in Council. Such
unlikely to arise.
Given the
could be asked
provisions for
same effect as
a situation
inevitability of
is
the
hard
reversion to China of the New Territories in 1997, it is also
to
see what our action would achieve.
CONFIDENTIAL