TNAG-1166-FCO40-1446-Future-of-Hong-Kong-1982 — Page 94

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DSR 11C

POSSIBLE WAYS OF CONTINUING BRITISH ADMINISTRATION OF HONG

KONG BEYOND 1997 AND THEIR LEGAL IMPLICATIONS FOR HMG

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1.

Publishable understanding with the Chinese to the effect

that HMG accepts the well-known Chinese view on Hong Kong

for an indefinite

present (British) administration

and that continuance of the status

period (in all respects, including British administration

of the New Territories) is agreed. No mention of sovereign-

ty. Notice would need to be given of any intended change.

(See Annex A)

Legal Implication:

Amendment to 1898 Order in Council, to

effect that 'lease' will continue for an indefinite period

or indefinitely until determined with 'x' years notice.

2. A joint or Chinese statement confirming that the present

administration (including that of the New Territories) is

to continue for an indefinite period but acknowledging that

at some indeterminate 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

agreement if and when notice were given for Hong Kong to

revert to China. (See Annex B)

A declaration on similar lines to 2 above but including

be specific acknowledgement by HMG that it would appropriate

for sovereignty over the whole Territory to revert to

China at some unspecified future date, it being understood

that the UK would administer the Territory on the same

lines as at present for a set number of years and an

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/indefinite