I
CONFIDENTIAL
Subsection 1(2) provides for this clause of the Bill to come into
force on the exchange of instruments of ratification, which
paragraph 8 of
the Joint Declaration states must take place before
30 June 1985. The exact date on which instruments of ratification
will be exchanged is not 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
instruments of ratification will be notified in the London Gazette
in order to avoid the Secretary of State being presented with
repeated requests to certify that date, eg for the purposes of
litigation in the UK courts
We
Some members of the Executive Council of Hong Kong remain convinced
that we should deal with the termination of sovereignty by a clause
enabling an
an Order in Council to be
be made at a later stage, perhaps
much nearer to 1997. This was an option that we considered earlier
in discussion with
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
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 in any way subject
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
deal with the termination of sovereignty by a clause in the Bill
itself. Presentation apart, there is no practical
difference
between the two possible courses. If the Chinese were to commit
s ome fundamental breach of the agreement Parliament
to repeal the Hong Kong Act, including its
termination of sovereignty. This would have the
declining to approve an Order in Council.
however very
unlikely to arise.
Given the
reversion to China of the New Territories
Such
Parliamentary
to
could be asked
provisions for
same effect as
a situation is
inevitability of the
in 1997, it is also hard
to
see what our action would achieve.
CONFIDENT I AL