TNAG-1240-FCO40-1553-Future-of-Hong-Kong-1983 — Page 68

SECRET

Referenc

File

573

(466)

Mr Bannerman

Research Department

cc:

PS/PUS

Mr Burrows, Legal Advisers

Miss Neville-Jones, Planning Staff Mr Thomson, FED

SOVEREIGNTY/ADMINISTRATION

1.

MKK04014

8

Sei (55

(557)

In the context of discussions on the future of Hong Kong, the Secretary of State has asked for a note on precedents for the separation of sovereignty and administration, ie examples from modern history of territories which have been administered other than by their sovereign.

2.

Examples, on which your Department has already done some work are Macao, the Sudan and Panama. Others perhaps include China (the foreign concessions in the country after the Treaty of Nanking 1842), Korea, Brunei, Malay States, Tonga, Persian Gulf, Egypt, Abyssinia, Morocco and Zanzibar. You may be able to think of further instances. It would be particularly helpful if you can identify any more recent instances less loaded with colonialist overtones, perhaps for example in regard to international organisations. The position of Berlin might also be relevant. The possibility of foreign concessions apparently envisaged in the Soviet Union under Lenin's New Economic Policy has also been mentioned.

3.

•

I should be most grateful if your Department could provide short notes on each relevant precedent you can identify. It would be helpful if these could comment on two factors:

(a) the likely relevance of each case to British legal consideratio

ie do they fit the concept of our administrative management of Hong Kong, following recognition of Chinese sovereignty over the whole?

(b)

4.

The likely political impact on the Chinese of our citing such examples. (Most are colonial precedents of one sort or another).

We should like to submit by 15 July if possible.

Dip

'R D Clift

7 July 1983

Hong Kong Department

Copy to we remaid vir bongg

See (470)

See (472

SECRET

CH

See 196

!