TNAG-1333-FCO40-1765-Future-of-Hong-Kong-legislation-1985 — Page 134

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CONFIDENTIAL

effected by Order-in-Council.

Seek the

They are evidently suspicious that the procedure now proposed involves less safeguards for Hong Kong. This i is not in fact so. In the unlikely event of our wishing to prevent the termination of sovereignty in 1997, it would be as open

J to any future government to repeal the Act and thus prevent the

त termination of sovereignty taking place as it would to refrain from making an Order-in-Council. The Governor's advice, given to me on the telephone this morning, is that we should now go ahead as proposed, even though we do not have the unanimous support of the Executive Council. I think that once the course proposed is endorsed collectively by Ministers, Mr Luce might consider sending a message to EXCO explaining again why we are proceeding as we are.

5.

EXCO also discussed the nationality aspects. Although it is clear that we may hear further from them when they see the draft legislation, there is no reason why we should not now proceed as proposed.

6.

There is now some considerable urgency about this. Lord Whitelaw is very anxious that instructions should be got to Parliamentary Council as soon as possible. However it is still necessary to clear the paper with those members of OD (K) and QL who have not yet been consulted. It is proposed that their agreement should be assumed if no objections have been lodged seven days after the paper is circulated. I understand however that the Secretary of State wishes to clear the paper with the Prime Minister before circulating it, hence the draft letter attached.

Jessamy

1 November 1984

A C Galsworthy

Hong Kong Department

CONFIDENTIAL