TNAG-1259-FCO40-1599-The-Future-of-Hong-Kong---special-study-by-FCO--August-1982--1983 — Page 191

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32.

These studies show that, provided agreement was reached

that Britain would retain full responsibility for administration,

there would be no problem about domestic government within

the territory in most fields. The main issues would arise

under:

G)

Constitutional Position:

There are clear

precedents (eg in the Gulf States, the Malay

States, Brunei and in mandated territories and

protectorates) for a state to acquire adminis-

trative powers, including responsibility for

external affairs, in a territory over which it

does not have sovereignty. Provided there is

a clear agreement, such powers are effective

in domestic and international law. In the case

of Hong Kong it would be possible under such

arrangements to continue British control with

only minor changes.

H)

External Relations: The continuation of

British responsibility for external relations

would be essential for confidence in the new

arrangement. Legally this would not be a

problem provided that Chinese agreement could

be obtained. But the Chinese could well find

this difficult for reasons of prestige.

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