TNAG-1333-FCO40-1765-Future-of-Hong-Kong-legislation-1985 — Page 47

CONFIDENTIAL

3. The instructions follow the same lines on those of the paper

circulated to QL and OD (K). The provisions on privileges and

immunities have been cleared with the official committee concerned

(IM).

4.

(a)

t

(b)

Two details the Secretary of State will wish to note are:

that we have asked the Parliamentary Counsel to draft the

enabling clause on nationality in such a way as to be subject

to affirmative procedure, and the enabling clause on modification of statutes in such a way as to be subject only to

annulment procedures. We believe that this is the form most

likely to be acceptable to Parliament, but this is essentially a political judgement. Neither of these aspects of the

legislation is essential to ratification. We could therefore

if we had to accept affirmative procedures in both cases.

that we have proposed that the clause on the termination of

sovereignty should be subject to a trigger whereby the

provision will only enter into force on the date on which the

Joint Declaration itself enters into force. This is to ensure

that if for some reason the agreement is not ratified the

provision for termination of sovereignty will not come into

effect.

t

Is this usual?

Salom

12 November 1984

A C Galsworthy

Hong Kong Department

CONFIDENTIAL