TNAG-1173-FCO40-1465-Future-of-Hong-Kong-special-study-by-FCO-for-the-Prime-Minis-1982 — Page 159

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Necessity for Act of Parliament

7. Even if the new arrangements gave the UK power to

administer Hong Kong after relinquishing sovereignty over

the ceded areas (and perhaps also agreeing to premature

termination of the lease of the New Territories) an Act

of Parliament would seem to be required to sanction the

relinquishment of sovereignty and any limitations specified

in those arrangements on the powers of Parliament to

legislate for Hong Kong or on the responsibility of HMG for

the government of Hong Kong.

The Foreign Jurisdiction Act

8.

Provision for the exercise of the Crown's power and

jurisdiction in a foreign country is to be found in the

Foreign Jurisdiction Act 1890 and this Act could be used

to implement arrangements for the exercise of jurisdiction

in Hong Kong by Order in Council once it ceased to be

a colony. Given that relinquishment of UK sovereignty over

the ceded areas would require an Act of Parliament, however,

it would be more appropriate for that Act to include fresh

enabling provisions in relation to Hong Kong.

The British Nationality Act 1981

9. Any change in the law relating to the status of persons

who were or would in future be British Dependent Territories

citizens by virtue of their connection with Hong Kong would

require an amendment to the British Nationality Act 1981

/(because

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