TNAG-1173-FCO40-1465-Future-of-Hong-Kong-special-study-by-FCO-for-the-Prime-Minis-1982 — Page 73

SECRET

DSR 11C

1

Hong Kong and HMG were to cease to be responsible for

the government thereof, it must be assumed that an Act

of Parliament would be required.

Expiration of New Territories lease

5.

Relinquishment of the New Territories upon the

expiration of the international lease in 30 June 1997

would not in itself require an Act of Parliament. As

regards the possibility of an agreement to surrender the

New Territories to the PRC before that date/where no

Act of Parliament was passed there exists a precedent

for a comparable transaction the surrender in 1930

of the lease (of Wei-hai-wei)granted by China in 1898,

which Mr Balfour had offered in 1922 to hand back to

China. The fact the Orders in Council in respect of

Wei-hai-wei were made under the Foreign Jurisdiction

Act 1890 indicates however that Wei-hai-wei was not

regarded as part of His Majesty's dominions

during the currency of the lease.

Since the New Territories are regarded as being part of

Q co

colony,

their premature surrender would seem to

require an Act of Parliament.

/ Modus