TNAG-1333-FCO40-1765-Future-of-Hong-Kong-legislation-1985 — Page 313

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Mr Galsworthy, HKD (WH 307A)

FUTURE OF HONG KONG: LEGISLATION

1.

2.

I have discussed your draft submission with Sir J Freeland.

We are concerned by the point in paragraph 3. If the agreement were to provide a deadline for ratification, there would be a risk that the necessary legislation would not be enacted in time, with the attendant risk that the Chinese would then feel free to act unilaterally. We consider that a provision to the effect that we would "use our best endeavours to secure the necessary legislation by 30 June 1985" or, alternatively, to agree to ratify by that date "or as soon as possible thereafter" would avoid the Parliamentary and other danger inherent in having a deadline for ratification With this in mind, the statement of the problem in the draft submission has been modified and paragraph 3 shortened.

As regards the content of the Bill, we have modified paragraph 6 of the draft.

3.

4. We suggest that the letters be modified accordingly and also that they be copied to the members of the Committee, the Attorney-General and Sir R Armstrong, as well as a blind copy for Sir G Engle (Parliamentary Counsel).

24 August 1984

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D H Anderson

Legal Advisers

HKK 040/53

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