TNAG-1040-FCO40-1290-Future-of-Hong-Kong-1981 — Page 109

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SIR I SINCLAIR

FUTURE OF HONG KONG

228

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МНК охо

Mr Williamson, HKGD

Mr Friar, HKGD

Mr Freeland

RECEIVED IN BOTRY NU. ST

13 NOV10DI

DESK OFFICER

INDEX

PA

Acnon Tese

ملا

£ 1301 Pao 13/4

216

Many thanks for your manuscript minute of 10 November on mine of 15 October to Mr Williamson.

2.

I respectfully agree that merely to amend the 1898 Order by the deletion of the words "and for the term" from Article 1 would not be sufficient in itself - one would as you say need to have a preamble to explain the purpose of the deletion or else to insert other words in their place or elsewhere in the body of the Order.

3.

Any assumption of powers by "act of state" to administer the New Territories after 30 June 1997 in the same way as before would look awkwardly like a unilateral act of annexation unless it could be presented as the implementation of a general policy acceptable to China as well as ourselves, e.g. administering Hong Kong as a whole until the time was ripe for the UK to hand it back to China in one piece.

4. It is not for me to judge, but my thought has been that the Chinese might prefer the UK to amend the 1898 Order under cover of some broad proposition agreed, say, between our Prime Minister and theirs, and duly published, rather than enter into an international agreement between China and the UK specifically authorising the UK to administer the New Territories after 30 June 1997.

5. I have not yet discussed my minute either with HKGD or Mr Steel, but meanwhile you might like the attached copy of a minute I sent to Mr Friar on 5 November.

6. Copies of your manuscript minute go to the recipients of this one.

A.R.R.

11 November 1981

A R Rushford Deputy Legal Adviser

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