TNAG-1333-FCO40-1765-Future-of-Hong-Kong-legislation-1985 — Page 220

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of legislation to a point

a point which put ratification at risk the clause

would have to be dropped: and no Minister has dissented from this.

5. 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 favour

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

Colten

CO Hum

Hong Kong Department

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