TNAG-1317-FCO40-1720-Future-of-Hong-Kong-meetings-of-the-Cabinet-Defence-and-Over-1984 — Page 37

SECRET

FUTURE OF HONG KONG: SPEAKING NOTE FOR

SECRETARY OF STATE FOR OD (K) MEETING ON 4 SEPTEMBER:

LEGISLATION AND RATIFICATION

1.

Have written to Lord President of the Council, Lord Privy Seal and Attorney General about the need for legislation on Hong Kong by

end of June 1985 so that we can include date for ratification in

Joint Declaration. Our assessment is that July 1985 is the latest

date Chinese will accept for ratification. Even this will be

difficult.

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2. We have proposed that a simple bill dealing with the transfer of

sovereignty and the transfer of the Crown's rights in land would be

sufficient. Need to pass legislation quickly, and therefore avoid

controversial issues.

3. Home Secretary has pointed to possible need to deal with

nationality in the bill.

our view a simple enabling clause

Leaving an Order in Council to deal with details should be

satisfactory. Such a clause will in any event be necessary for other tidying up provisions.

4. Parliament will have debated Agreement in December prior to signature. Members should therefore already have had a chance to

express opinions.

5. Hope colleagues can agree that it will be possible to complete

Legislation by June 1985, so that we can tell Chinese in course of talks on 5/6 September that we can agree to ratification by July

1985.

6. A paper on the form of necessary legislation in preparation. Could be presented to OD (K) at its next meeting and to QL

thereafter. Aim to give instructions to Parliamentary Counsel

shortly after initialling of Agreement in September.

SECRET