TNAG-1040-FCO40-1290-Future-of-Hong-Kong-1981 — Page 167

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8. Under (a) or (b) the New Territories remain part of

Her Majesty's dominions after 30 June 1997, so there would

be an element of "annexation" by act of state.

9.

Under (c) there would be no annexation but the Crown

would in advance take power under the Foreign Jurisdiction

Act 1890 to exercise powers and jurisdiction in the New

Territories after they ceased to be part of Her Majesty's

dominions to the extent that it was in a position to claim

and exercise such powers and jurisdiction, e.g. upon

"sufferance". If the Crown were to exercise powers and

jurisdiction after 30 June 1997 and its actions were to be

questioned in court, the Secretary of State could certify the

existence or extent of the jurisdiction under s.4 of the

Act of 1890.

9. Any legislative action of this kind would of course

attract public notice and would come to the attention of the

Chinese.

10. In order to make such action palatable to the Chinese,

it would seem desirable that it should be preceded by some

sort of Parliamentary statement, possibly in answer to an

arranged P.Q. For example, if the Secretary of State were

asked:

11

What will happen in Hong Kong after the lease

of the New Territories runs out?"

he might reply somewhat as follows:

/ " I

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