TNAG-1173-FCO40-1465-Future-of-Hong-Kong-special-study-by-FCO-for-the-Prime-Minis-1982 — Page 74

DSR 11C

→Modus vivendi concerning sovereignty.

4. An agreement under which the UK and the PRC reached

a modus vivendi shelving their respective claims to the

ceded areas of Hong Kong would not itself require the

sanction of an Act of Parliament but one under which the

UK bound itself to transfer sovereignty over the ceded

areas to the PRC at some future date would require that

sanction.

Novel arrangements

6.

There is no precedent for a situation in which the

UK relinquished its sovereignty over a territory in

favour of another State as part of an agreement with

that State that HMG should continue to have power and

jurisdiction to administer the territory and to conduct

external relations in respect of the territory.

SECRET

/Necessity