TNAG-1259-FCO40-1599-The-Future-of-Hong-Kong---special-study-by-FCO--August-1982--1983 — Page 58

CODE 18-77

Reference

Mr Clift TIK&GD

SECRET

HKRO40/9

RECEIVED VI RAGE 798. 31

- 6 MAY 1983

DEAK OFFICER

INDEX

PA

No

ROCISTRY Action Taken

смор

REVISION OF THE ANNEXES TO THE HONG KONG STUDY: YOUR MINUTE OF 25 APRIL.

1.

I have looked again at Annex G (Constitutional Position of Hong Kong) and Annex L (Legal System in Hong Kong) to the Special Study dated August 1982.

2.

I attach a revised version of Annex G. I have not attempted to express any views on the political questions posed -in paragraph 3 of your minute, and I also leave it to your

department to check the statistics and to clear with other FCO departments (your para. 2). For the most part I have simply made the amendments suggested in my minute to Mr Hoare of 30 March, and for the reasons explained in that minute. Additional points

are:-

Paragraph 14

3.

I have added a few more examples of cases where in the past we have exercised jurisdiction in the territory of other states (including China).

Paragraph 17

4.

I have added words which refer to the importance of maintaining British courts administering British law.

5.

I attach a text of Annex L which incorporates the amendments also suggested in my minute of 30 March. I have also added a new paragraph 27 reading as follows:

"British law, administered by British courts, is nevertheless one of the foundations upon which commercial confidence is based."

Annex 0 (Crown land leases in the New Territories)

6.

As I said on 30 March, this cannot really be revised until we have the advice of the Law Officers. At the moment we are awaiting Hong Kong's comments on a draft submission to the Law Officers.

7. Bunows

F Burrows

Legal Counsellor

27 April 1983

Monis

2. Mr. Morris of

2874

8207

SECRET

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