CONFIDENTIAL
C equent upon termination of United Kingdom sovereignty: these would be mainly the technical modification's customarily made in
Independence Acts, often in a schedule, when a territory ceases be a dependent territory of the UK. They are on topics such as ships, aircraft, copyright, and perhaps oil pollution and crimes
against internationally protected persons. The main effect of them
is to modify the law in the United Kingdom and they should not be
controversial. It would be possible in this context to deal, if necessary, with the termination of appeals to the Privy Council, including pending cases.
(d) Grant of diplomatic privileges and immunities to the five Chinese members of the Joint Liaison Group when it meets in London, as provided for in paragraph 10 of Annex II to the Joint
Declaration.
5. It is thought that no other aspects of the agreed documents will require legislation by Act of Parliament. Land matters are the subject of local law and should not require United Kingdom legislation. Adaptation of subordinate legislation referring or applying to Hong Kong can be considered separately.
THE FORM OF THE LEGISLATION
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6. The proposed Bill would deal with the subjects in paragraph 4 as
folows:
(a) The termination of sovereignty in the ceded territories could
be made:
either:
(i) by a clause in the act which would itself terminate UK sovereignty over the ceded territories as from 1 July 1997: or
(ii) by an enabling clause giving power to make an Order in Council bringing into effect the termination of sovereignty from 1 July
1997.
The choice between options (i) and (ii) is essentially a matter of parliamentary tactics. Option (ii) would leave a trigger mechanism in our hands in the form of the Order in Council to bring into
CONFIDENTIAL
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