TNAG-1333-FCO40-1765-Future-of-Hong-Kong-legislation-1985 — Page 260

HKK 040/53

RECEIVED IN REGISTRY

"I'M".

1 50CT 1984

DESK OFFICER

REGISTRY

CONFIDENTIAL

INUGA

PA

Action Taken

JAK

1614

Sir P Cradock

Private Secretary

LEGISLATION ON HONG KONG

FROM: A C GALSWORTHY, HKD

DATE: 4 October 1984

15

cc: PS/Mr Luce

PS/PUS

Sir J Freeland

Mr Burrows, Legal Advisers

Parliamentary Unit

Mr Wood, Legal Advisers

Mrs Radice, Protocol Department

1. I submit the first draft of a paper for Cabinet Committee on the legislation required before the Hong Kong Agreement can be

ratified.

2. There are essentially two points to be resolved on the

content of the Bill.

i) Should the transfer of sovereignty in 1997 be effected

immediately, or by subsequent Order-in-Council?

ii) Should provision be made for subordinate legislation at a

later stage to deal with the nationality problems?

A secondary point which needs to be decided is whether the paper should be put to OD(K), or directly to the Queen's Speech and Legislation Committee (QL).

3. On the transfer of sovereignty the draft paper comes down on the side of legislation to effect now a transfer to take place in

1997 rather than provision for a later Order in Council. This is

based on the argument of our Legal Advisers that there would be parliamentary pressure to make a later Order-in-Council subject to either positive or negative Parliamentary approval. This would have to be resisted, since, if an Order were subject to parliamentary procedures, it would prevent us ratifying the agreement.

This

CONFIDENTIAL

/situation