TNAG-1039-FCO40-1289-Future-of-Hong-Kong-1981 — Page 183

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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Our Hong Kong & General Department think it possible that the Chinese Government might make any concession over the future of Hong Kong conditional upon some sort of recognition of Chinese sovereignty. If they stipulated that UK sovereignty over the colony as a whole was to be surrendered as a condition of future UK administration, then of course awkward questions as to the basis for such continued adminis- tration would arise both in international and municipal law. There would have to be some sort of international treaty or understanding and an Act of Parliament and the 1898 Order might well be superseded.

8. You might like to see the enclosed note and draft paper by our Hong Kong & General Department. No specific legal question arises but if you have any comments they will be welcome. The subject is a delicate one so please limit the circulation of these papers as much as you can.

9. The whole picture is necessarily very vague but we should be grateful to know whether the Attorney wishes to comment on the question I put in para. 5 above.

10. If you yourself have doubts, or need any amplification, I shall of course be pleased to have a discussion with you before you trouble the Attorney.

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Yours sincerely,

Antony Rustford

A R Rushford

Deputy Legal Adviser

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