TNAG-1166-FCO40-1446-Future-of-Hong-Kong-1982 — Page 140

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ilove Af51 1951

f as to

CC Sir I Sinclair

Mick Freeland,

* 1

افت

2

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MR CLIFT, HKGD

FUTURE OF HONG KONG

191. Af 1911

With reference to your minute of 4 January, I have made See (1)

a few amendments to the draft paper, but without altering the substance.

2.

One can say that China has "residual sovereignty" over the New Territories in that sovereignty over them reverts to China when the lease runs out. An acknowledgment of Chinese residual sovereignty over the whole of Hong Kong can only mean that HMG acknowledge that China has some sort of a claim to retrocession of the colony at some future date, but this would only be a political claim, not a legal one, unless the UK enters into an international obligation to cede the colony back to China - the UK can hardly concede that the original cession was invalid.

3. It seems to me therefore that there is not much difference in substance between paras 2 and 3 of your paper.

Miele 040/1 4. I agree that it would be useful to bring Mr Steel of the Law Officers' Department up to date and perhaps the relevant papers prepared since I wrote to him on 23 October 1981 could be copied to him for information and any comment he may care to make. In doing this you may care to indicate that we are not pursuing my rather far-fetched idea about possible

unilateral action.

5 January 1982

A.R.R.

A R Rushford

Deputy Legal Adviser

You ind, chiar drafts with the

M. McQua M.. Morris 1.

Pl. now dfr

215

227

1981

Reushjorch. &!!

a) latter from he & Steel

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