TNAG-1203-FCO40-1505-Policy-on-visas-and-entry-certificates-in-Hong-Kong-1982 — Page 208

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international relations. The British Government conveys the request to the Commonwealth Secretary-General. If the application is made after Independence, the Prime Minister of the newly-independent country concerned may approach the Commonwealth Secretary-General direct, or may ask a Commonwealth member to approach the Commonwealth Secretary-General for him.

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SELECTION OF FIRST GOVERNOR-GENERAL

If the country is to become a monarchical member of the Commonwealth recognising The Queen as Head of State, the question arises of selection of the first Governor-General. He, unless the Independence Constitution says otherwise, can only be appointed (by The Queen) at the request and on the advice of the Chief Minister (or equivalent) of the Territory which is about to achieve Independence. The responsibility for carrying out the procedure, which includes clearance of the nominated individual with the Prime Minister and the Palace, rests with the FCO DT geographical Department. They should consult recent precedents and act in conjunction with Protocol and Conference Department, and the FCO Department which is nominated to deal with the newly-independent Country after independence.

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EXTERNAL RELATIONS

Attention will have to be paid to the succession by the newly independent country to treaty rights and obligations which formerly pertained to the UK in respect of that country when dependent. Arrangements should be made regarding Devolution Agreements including provision, at Independence, for the country to assume responsibility for treaty obligations entered into on behalf of the DT. Arrangements for the conclusion and development of agreements in force should also be made.

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LEGISLATIVE POWERS

The rule of repugnancy (see Chapter 8), the powers of the UK Parliament over the DT, the rules limiting the power of the Territory to legislate with extra-territorial effect and all the external controls exercised by HMG in the UK over the legislation of the Territory must be removed. An Act of Parliament is required to end the responsibilities of HMG for the Government of the DT. The same Act will if necessary confer power upon The Queen to make an Independence Order in Council containing the Independence Constitution. The same Act will also make any necessary amendments to UK statute law in its application to the Territory.

October 1978

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