SECRET
5. It is thought that no other aspects of the agreed documents will require legislation by Act of Parliament, though the technical
aspects of the Annex on land, which are not yet finally settled in the negotiations, are still being considered. Adaptation of
subordinate legislation referring or applying to Hong Kong can be considered separately.
THE FORM OF THE LEGISLATION
6. The legislation should, it is suggested, comprise a short Bill
which would deal primarily with termination of sovereignty, but which would include enabling clauses on all the other aspects, so that, if all goes well, no further Act of Parliament would be
necessary before 1997.
7. The proposed Bill would deal with the subjects in paragraph 4
as follows:
(a) the termination of sovereignty (paragraph 4(a)) in the
ceded territories could be made,
either (i) by a clause in the Act which would itself
or
terminate UK sovereignty over the ceded territories as
from 1 July 1997,
(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
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