TNAG-1037-FCO40-1287-Future-of-Hong-Kong-1981 — Page 143

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66 8/78

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Reference

Mr Williamson, HKGD

FUTURE OF HONG KONG: DRAFT PAPER

If the United Kingdom is to relinquish its sovereignty over Hong Kong to China, an Act of Parliament will be necessary.

2. If, having relinquished sovereignty, the U.K. is to administer Hong Kong in pursuance with arrangements made with China as the new sovereign, those arrangements could probably be implemented by Order in Council under the Foreign Jurisdiction Act 1890. would probably be more convenient however for the Act of Parliament mentioned at para.1 to make the necessary provision.

It

3. This Act would also have to deal with nationality. It would indicate to what extent Hong Kong belongers who possessed a British citizenship were to lose that citizenship. Consideration would have to be given to the future status of Hong Kong belongers, e.g. whether they were to have no British citizenship (being citizens of China) or whether they were to be British Protected

Persons.

4. In so far as the UK had incurred rights and obligations in respect of Hong Kong under international agreements, these agreements should presumably continue in force until such time as China succeeded over the obligations. This presupposes that the arrangements with China would allow the UK to continue to be internationally responsible for Hong Kong. If not, there would presumably be some sort of deal with China to take over existing obligations and ensure that the UK were consulted before China entered into new ones in respect of Hong Kong.

A.R.R.

A R Rushford

Deputy Legal Adviser

2 March 1981

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