TNAG-1259-FCO40-1599-The-Future-of-Hong-Kong---special-study-by-FCO--August-1982--1983 — Page 68

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was provision for the exercise of such jurisdiction is made by

the Foreign Jurisdiction Act 1890. Such jurisdiction was

however usually conceded by a weak State in the face of

British imperial power and these examples would not constitute

attractive precedents for the PRC, bearing in mind that

China has in the past been forced to concede jurisdiction

over parts of its territory to stronger foreign powers.

There is no precedent for the voluntary concession of

such jurisdiction by a powerful state such as the PRC. Any

arrangements that might be made between the UK and the PRC

would have to be divested of 'imperialist' or 'colonialist'

characteristics in order to appeal to the PRC.

15.

Whether such arrangements would be compatible with

a situation in which Hong Kong became at the same time a

Special Administrative Region of the PRC would seem to

depend on:

(a)

whether the PRC could reconcile this situation

with the Constitution of the PRC (Article 30

(b)

of which deals with Special Administrative

Regions in brief and broad terms) and; more

important,

the willingness of the PRC to conclude a

management contract' with the UK, under which

in fact Hong Kong continued to be governed

internally and internationally by the UK as a

'caretaker'.

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