DRAFT PAPER
SECRET
DSR 11C
POSSIBLE WAYS OF CONTINUING BRITISH ADMINISTRATION OF HONG KONG BEYOND 1997 ÷ AND THEIR LEGAL IMPLICATIONS FOR HMG
1:
Publishable understanding with, the Chinese to the effect
that HMG accepts the well-known Chinese view on Hong Kong and
that continuance of the status quo (in all respects) is agreed
No mention of sovereignty. Notice would need to be given of
HIZI 040/1 (276)
any intended change. (See Mr Morris's minute of 15 December)
1981 Legal Implication: Amendment to 1898 Order in Council, to
effect that date of 'lease' is indefinite or with 'x' years
notice.
2. A joint or Chinese statement confirming that the present
administration is to continue but acknowledging that at some
indterminate date (after 1997) in the future the whole of
Hong Kong will revert to China with 'x' years notice.
No specific mention of sovereignty.
Legal Implications:
As for 1 above, but would require.
additionally an Act of Parliament and a more detailed agreemer
if and when notice were given for Hong Kong to revert to China
(See Annex A to Mr Rushford's minute of 7 December).
HICI2 040/1
260
1981
3.
A declaration on similar lines to 2 above but including
acknowledgement by HMG of residual Chinese sovereignty over
the whole Territory while nonetheless continuing to
administer the Territory on the same lines as at present
for a set number of years and an indefinite period
thereafter, with notice required of any change.
Legal Implication: Amendment to the Order in Council.
Act of Parliament.
Detailed agreement between HMG and PRC
if and when notice is given by the PRC to take over
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/administration
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