FRIDAY, SEPTEMBER 28, 1984

+ IT SEEMS TO ME QUITE NATURAL THAT THIS TOPIC SHOULD NOT IN THE ANNEXES. THE JOINT DECLARATION AND THE ANNEXES ESSENTIALLY :AL WITH HONG KONG, ITS FUTURE ARRANGEMENTS, THE BASIC LAW AND HAT IT WILL STIPULATE FOR THE GOVERNMENT AND PEOPLE OF HONG ONG, THE IR SYSTEMS AND WAY OF LIFE. THE LAST PART OF ANNEX 1 LEALS WITH THE RIGHTS OF THOSE IN HONG KONG TO LIVE THERE (THE RIGHT OF ABODE). TO HOLD TRAVEL DOCUMENTS AND IDENTITY CARDS AND TO TRAVEL OUT OF HONG KONG. THESE MUST ALL BE COVERED BY THE BASIC LAW AND SECURED BY THE LAWS OF THE HONG KONG SAR.

+BUT THE EXCHANGE OF MEMORANDA DEALS WITH SOMETHING DIFFERENT WHAT STATUS CERTAIN PERSONS LIVING IN THE HONG KONG SAR WILL ENJOY WHEN THEY ARE TRAVELLING ABROAD, AND WHAT TRAVEL DOCUMENTS THEY MAY USE AFTER 1997. IN DEALING WITH THE CONSEQUENCES OF 1997 AS THEY AFFECT BDTCS, THE TWO GOVERNMENTS HAVE COME TO A PRACTICAL ARRANGEMENT. THE MEMORANDA ARE FORMAL DECLARATIONS OF POLICY BY THE TWO GOVERNMENTS OF HOW FORMER BDTCS MAY BE PERMITTED TO ENJOY A NEW STATUS AND TO USE BRITISH PASSPORTS AND

THESE BRITISH CONSULAR SERVICES AND PROTECTION. WHEN ABROAD. DECLARATIONS OF POLICY DERIVE THE IR SIGNIFICANCE FROM THE IR CONNECTION WITH THE MAIN JOINT DECLARATION AND FROM THE FACT THAT EACH SIDE HAD SEEN AND DISCUSSED THEM BEFORE THEY WERE INITIALLED.

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+FINALLY LET ME SAY SOMETHING ABOUT THE FUTURE AND THE LEGAL EFFECT OF THE JOINT DECLARATION THAT WAS INITIALLED LAST WEDNESDAY. THERE CAN BE NO DOUBT FROM THE WAY IN WHICH THIS TEXT HAS EMERGED AFTER LONG CONSULTATIONS BETWEEN THE TWO GOVERNMENTS, THAT IT ALREADY REPRESENTS IN POLTICAL TERMS A FIRM COMMITMENT BETWEEN THE TWO GOVERNMENTS FOR THE FUTURE. BUT AT THIS STAGE WE HAVE A DRAFT AGREEMENT. INITIALLED BY THE

THE NEGOTIATORS AND SUBMITTED TO THE IR RESPECTIVE GOVERNMENTS. FUTRE PROGRAMME LOOKS LIKE THIS. THE PEOPLE OF HONG KONG ARE NOW ASKED BY THE BRITISH GOVERNMENT TO EXPRESS THEIR VIEWS UPON IT AND TO DECIDE WHETHER IT IS ACCEPTABLE TO THEM. IN THE LIGHT OF THEIR VIEWS, AS REPORTED BY THE ASSESSMENT OFFICE, PARLIAMENT WILL DEBATE THE JOINT DECLARATION IN DECEMBER. IF IT IS APPROVED BY PARLIAMENT, THEN THE BRITISH GOVERNMENT WILL PROCEED TO SIGN

THIS WILL COMPLETE THE THE AGREEMENT BY THE END OF THE YEAR. PROCESS OF REACHING FINAL AGREEMENT.

+BUT EVEN THEN, AS PARAGRAPH 8 OF THE JOINT DECLARATION MAKES CLEAR, IT WILL BE SUBJECT TO RATIFICATION, IT WILL ENTER INTO FORCE ON THE DATE THAT INSTRUMENTS OF RATIFICATION ARE EXCHANGED, AND THAT DATE WILL NOT BE LATER THAN JUNE 30, 1985. THIS KIND OF PROVISION IS TYPICAL OF THE LANGUAGE OF BINDING INTERNATIONAL AGREEMENTS, IT DETERMINES PRECISELY WHEN THE DECLARATION ENTERS INTO FORCE AND THAT IS MADE TO DEPEND UPON RATIFICATION, WHICH IS A FORMAL ACT WHEREBY A SOVEREIGN STATE THROUGH ITS EXECUTIVE UNDERTAKES.

/+OBLIGATIONS OF

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