TNAG-1333-FCO40-1765-Future-of-Hong-Kong-legislation-1985 — Page 171

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BE DRAFTED SO AS TO GIVE SOME INDICATION OF THE LIKELY PARAMETERS

OF THE SUBSIDIARY LEGISLATION BY ORDER IN COUNCIL. WE DO NOT

HOWEVER THINK THAT IT WILL BE POSSIBLE TO DEAL SUBSTANTIVELY WITH

THE NATIONALITY ISSUE IN SUCH A WAY AS TO MAKE FURTHER SUBSIDIARY

LEGISLATION UNNECESSARY. PROVISIONS IN SUCH DETAIL COULD DELAY

THE DRAFTING, INTRODUCTION AND DISCUSSION OF THE BILL TO THE

POINT WHERE OUR TIMETABLE FOR RATIFICATION WAS PUT AT RISK.

AMENDMENTS TO STATUTES

6. IT WILL BE NECESSARY FOR THE BILL TO DEAL WITH MODIFICATIONS

OF LAWS IN PREPARATION FOR OR CONSEQUENT ON THE TERMINATION OF

SOVEREIGNTY. THIS WOULD BE DONE BY THE INCLUSION OF ENABLING

CLAUSES ALLOWING SUBSEQUENT SUBSIDIARY LEGISLATION. IT IS OUR

INTENTION TO SEEK PROVISIONS IN THE BILL WHICH WOULD ALLOW THE

UK, ACTING BY ORDER IN COUNCIL, OR HONG KONG, ACTING BY LOCAL

ORDINANCE SUBJECT TO DISALLOWANCE AND SUBJECT TO OTHER CONTROLS

IMPOSED BY THE LETTERS PATENT AND THE ROYAL INSTRUCTIONS, TO

REPEAL OR AMEND ANY ACT, ORDER OR REGULATION IN SO FAR AS IT IS

PART OF THE LAW OF HONG KONG. IN THE SAME WAY HONG KONG WOULD BE

ALLOWED TO LEGISLATE WITH EXTRA TERRITORIAL EFFECT. WE ALSO

ENVISAGE THAT THE BILL WOULD ALLOW SIMILAR REPEALS OR AMENDMENTS

TO BE MADE BY ORDER IN COUNCIL, IN SO FAR AS THE ACT, ORDER ETC

TO BE REPEALED OR AMENDED FORM PART OF THE LAW OF THE UNITED

KINGDOM. WE HOPE THIS PROCEDURE, WHICH WAS PROVISIONALLY SET OUT

IN OUR TELNOS 2111 AND 2112, WILL MEET YOUR CONCERNS.

PRIVILEGES AND IMMUNITIES

7.

IT WILL BE NECESSARY FOR THE BILL TO PROVIDE FOR DIPLOMATIC

PRIVILEGES AND IMMUNITIES TO BE GIVEN TO THE CHINESE MEMBERS OF

THE SINO-BRITISH JOINT LIAISON GROUP WHEN THEY ARE IN THE UK. WE

ASSUME THAT THERE WILL ALSO NEED TO BE LEGISLATION IN HONG KONG

ON THIS POINT. WE HAVE TELEGRAPHED SEPARATELY ON ASPECTS OF

THIS QUESTION.

8. WE SHOULD BE GRATEFUL FOR YOUR VIEWS AS SOON AS POSSIBLE.

YOU WILL CLEARLY WISH TO TOUCH BASE WITH EXCO ON THE TERMINATION

OF SOVEREIGNTY POINT. WE LEAVE IT TO YOUR DISCRETION HOW FAR YOU

GO INTO THE OTHER POINTS WITH EXCO, THOUGH WE HOPE THAT IF YOU DO

DECIDE TO SPEAK TO THEM, ESPECIALLY ON THE NATIONALITY ISSUE, YOU

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