TNAG-1166-FCO40-1446-Future-of-Hong-Kong-1982 — Page 148

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

Mr Rushford

Legal Advisers

(K188)

BU noted for

Mr

in

13/1/82 P.3

SECRET

HKK

04011

!

O

FUTURE OF HONG KONG

ннн

HKIZ 040/1

(260

1981

1.

See 2

19/1 At 1911 See

I have read with interest your minute and enclosure of

7 December to Mr Morris on the legal aspects of the relinquish- ment by the UK of its sovereignty over Hong Kong.

It was particularly helpful to have your comments for the meeting with the LPS which I attended on 10 December.

2.

I should now like to take things a step further by drawing up a paper which sets out, on a kind of sliding scale, the different paths that might be open to us, all of which however would aim at the continuation of the present administration of Hong Kong beyond 1997 with little or no modification. draft of such a paper is attached.

3.

A

Since anything to do with the relinquishment of sovereignty is likely to prove an emotive issue here, it is important to show at which point on the scale we move from circumstances not calling for an Act of Parliament to circumstances inevitably requiring one. Is there in fact any difference between acknowledging Chinese 'residual' sovereignty and relinquishing it on the spot?

4.

I apologise if we appear to be going over some of the ground yet again.. But Ministers will want to be absolutely sure that all other options have been explored before consideration is given to the cession (or relinquishment) or sovereignty.

5.

We

I should be grateful for your comments on the draft. could, of course, discuss the matter, if you wish. I suggest that it would then be useful to bring the Attorney-General's Office up-to-date on our thinking. I would also pass the paper to Hong Kong and Peking for their comments.

Drip

"

229

4 January 1982

R D Clift

Hong Kong and General Department

SECRET

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