TNAG-1286-FCO40-16372-Constitutional-development-in-Hong-Kong.-Part-2-of-2-1984 — Page 183

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some

of the kind of steps that have to be considered.

Some of the concepts or nomenclature may not be apt for

Hong Kong in 1997 (discussion of the Legal Annex

has already touched on the changes in nomenclature);

of the steps may have been taken care of in the Basic Law or in other transitional arrangements (eg conformity of

structures with the Basic Law etc cf our telno 1393 to

Hong Kong); no doubt some circumlocations and codes will have to be used to avoid particular bêtes noires; but it

will be necessary to bear this level of measure in mind

for the final stages of transfer if the more substantial

level of continuity is to be achieved.

-

2. This does not mean that there is no alternative to a

straight transfer from Hong Kong to Hong Kong SAR (avoiding

the "surrender" or transfer of power to the CPR and a

devolution of power to the Hong Kong SAF). If there is no

such direct transfer, however, continuity measures of this kind will need to pick up each step and bridge any gap.

2

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lifor

Paul Fifoot

Deputy Legal Adviser