CONFIDENTIAL
12118
1
(21)
OO HONG KONG
GRS 1041
CONFIDENTIAL
FM FCO 231050Z OCT 84
TO IMMEDIATE HONG KONG
TELEGRAM NUMBER 2123 OF 24 OCTOBER 1984
INFO PRIORITY PEKING
MKK 040/53
RECEIVED IN REGISTRY
2 50CT 1984
DESK OFFICER
INDEX
OUR TELNO 2050: HONG KONG AGREEMENT: LEGISLATION
1.
PA
RECISTRY
Action Laven
23/7 G24/
THE SECRETARY OF STATE HAS NOW COMPLETED CONSULTATION WITH
PARLIAMENTARY MANAGERS ON THE PARLIAMENTARY HANDLING OF THE HONG
KONG BILL. HE WILL NOW WISH TO PUT A PAPER COLLECTIVELY TO
MINISTERS ON THE OUTLINE AND KEY POINTS OF THE LEGISLATION.
BEFORE DOING THIS WE SHOULD BE GRATEFUL TO KNOW THAT YOU ARE
CONTENT WITH THE FOLLOWING ASPECTS OF THE LEGISLATION, WHICH HAS
HIS APPROVAL.
TERMINATION OF SOVEREIGNTY
2. THE CRUCIAL POINT IN THE BILL IS THE TERMINATION OF
SOVEREIGNTY IN 1997. 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 A LATER ORDER IN COUNCIL BRINGING INTO EFFECT THE TERMINATION
OF SOVEREIGNTY FROM 1 JULY 1997.
3.
THE STRONG ADVICE OF PARLAMENTARY MANAGERS IS THAT IF WE
ADOPTED THE SECOND COURSE, WHICH WE KNOW YOU HAVE IN THE PAST
FAVOURED, THERE MIGHT WELL BE PRESSURE IN PARLIAMENT TO MAKE THE
ORDER IN COUNCIL SUBJECT TO EITHER AN AFFIRMATIVE OR NEGATIVE
PARLIAMENTARY PROCEDURE, AND THUS TO GIVE PARLIAMENT ANOTHER BITE
AT THE CHERRY. AS YOU KNOW, THE ADVICE OF THE ATTORNEY GENERAL
IS THAT THE ORDER IN COUNCIL MUST NOT (NOT) BE SO SUBJECT: IF
THIS WERE TO HAPPEN WE WOULD BE UNABLE TO RATIFY THE AGREEMENT.
FOR OBVIOUS REASONS WE CANNOT AFFORD TO TAKE THIS RISK.
4.
POINT.
WE THINK THAT YOU MAY WISH TO TOUCH BASE WITH EXCO ON THIS
EARLIER THIS YEAR WHEN THE PROBLEM OF THE DATE OF
RATIFICATION WAS DISCUSSED WITH THE UNOFFICIALS IN LONDON, THEY
WERE TOLD OF OUR PREFERENCE AT THAT STAGE FOR LEGISLATION
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