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of legislation to a point which put ratification at risk the clause
would have to be dropped: and no Minister has dissented from this.
5.
favour
The way is therefore now sufficiently clear for us to move on to the next step, which is to ensure that the general shape of the legislation meets the requirements of Hong Kong. It will also probably be desirable for the Governor to touch base with EXCO on one point, namely the means by which we provide for the termination of sovereignty in the Hong Kong Bill. As the draft telegram explains, in an earlier discussion with the EXCO Unofficials they were told that our inclination, at that stage, was to termination by provision for a subsequent Order in Council. Although no commitments were made to them on this point, it would probably be prudent for the Governor to explain to them now the considerations of Parliamentary handling which incline Ministers to adopt the alternative option of a clause in the Hong Kong Bill itself. We have already discussed this question informally with the Governor, who believes that EXCO can be brought to understand the reasons for the approach which we now propose to adopt.
6.
Once the reactions of Hong Kong have been received, I understand that the Secretary of State wishes to minute to the
Prime Minister with a draft paper on Hong Kong legislation before circulating the paper to QL and OD (K). I think it will be possible in the minute that will cover that paper to deal with the slight ambiguity over nationality described in para 3(ii) above.
23 October 1984
Coltum
CO Hum
Hong Kong Department
SECRET
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