TNAG-1041-FCO40-1291-Future-of-Hong-Kong-1981 — Page 76

FUTURE OF HONG KONG

Legal Implications in the Event of a Possible Relinquishment of Sovereignty of the UK over Hong Kong

J.K. I ON to

PROBLEM

(a) End 'of legal basis of British

(b)

(c)

(d)

Administration over the

New Territories (in 1997

Relinquishment by the UK of Sovereignty over the whole of the territory and the transfer of sovereignty to China.

Combined with:

Continuation of HMG's responsibility for domestic administration and external relations (including

currency, law and the position of Governor)

Continuation of the application of existing international treaties signed by the UK (the entering into of new treaties?)

Citizenship (BDTC) and provision for consular and other protection overseas

Maintenance of a British military presence

(e)

(f)

(g)

(h)

?

Continuation of air services rights.

SOLUTION

Amendment to the Order in Council of 1898. To be effective it requires at least Chinese acquiescence.

Act of Parliament (in respect of the whole territory).

fo

し

.:

Either explicit agreement with China or quotable acknowledgement. (Any action required with international bodies?)

Amendment of the British Nationality Act (?)