TNAG-1333-FCO40-1765-Future-of-Hong-Kong-legislation-1985 — Page 4

CODE 18-77

In Lowett.

M. Romow

Mr Galsworthy, HKD

HONG KONG BILL

har

CONFIDENTIAL

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crafted supp.

custuctions

Im Mai

Reference....

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108

HKK 040/$13.

RECEIVED

! REGISTRY

2 7 NOV 1984

DESK OFFICER

INDEX

PA

1. I have arranged a meeting with Mr Burrows in your office to discuss the Hong Kong Bill at 11.30 am on Wednesday 21 November. This will enable us to prepare our position on the Bill before Mr Thomas's visit. We will need a further meeting next week with the Home Office and others before going back to Parliamentary Counsel.

You may wish to use the following agenda:

2.

(a)

Division of subjects between Bill and Schedule: The inclusion of nationality and adaption of statutes in the Schedule rather than in the Bill itself will make it easier for us to drop them if necessary during the Bill's passage.

(b) Long Title: Mr Burrows and I believe that the Long Title is sufficiently wide to cover all the things we wish to do under Orders in Council. The question is whether "in conection with the ending of British sovereignty" covers such things as amendment of Civil Aviation laws to give Hong Kong the maximum degree of autonomy.

(c) Clause 1 (1): I am sure that Mr Burrows' proposal for rephrasing this clause in line with the Cyprus Act 1960 is right (para 3 of Mr Burrows' minute attached).

(d)

(i)

Clause 1 (2):

This clause should refer to "The Joint Declaration of the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the People's Republic of China on the Question of Hong Kong which was signed in Peking on 20 December

1984."

(ii) I agree with Mr Burrows' (para 4 of his minute) that the Bill should make it clear when the agreement will enter into force. I f not We shall for evermore he bombarded with questions or when this section shall come into force.

(e) Clause 2 (1):

The short title is pretty self-evident.

(f) Clause 2 (2): Whatever we decide to do about the Long Title we shall need to expand this section, which does not at the moment cover Civil Aviation or diplomatic privileges and immunities (para 5 of Mr Burrows' minute).

(g) Schedule: I recommend that the schedule deal with Nationality, Adaption of Law and Diplomatic privileges in that order.

If we put privileges first they may attract undue attention. We may wish to submit on this as the Secretary of State queried the Section in the

CONFIDENTIAL