TNAG-1333-FCO40-1765-Future-of-Hong-Kong-legislation-1985 — Page 65

CONFIDENTIAL

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FOR TERMINATION OF UK SOVEREIGNTY, OR SHOULD ENABLE AN ORDER IN COUNCIL TO BE MADE FOR THAT PURPOSE. MINISTERS HAVE NOW DECIDED TO OPT FOR THE FORMER COURSE. THERE IS NO CONSTITUTIONAL IMPEDIMENT TO PARLIAMENT TERMINATING SOVEREIGNTY IN THAT WAY, WITH EFFECT ONLY FROM 1 JULY 1997, AND THE ATTORNEY GENERAL PREFERS THAT OPTION. SINCE HOWEVER THE JOINT DECLARATION WILL

ONLY ENTER INTO FORCE A DATE BEFORE 30 JUNE PROVISION IN THE BILL SHOULD ONLY ENTER INTO FORCE ON THE DATE, TO BE NOTIFIED IN THE GAZETTE, ON WHICH THE JOINT DECLARATION

ENTERS INTO FORCE.

IF AND WHEN RATIFICATIONS ARE EXCHANGED (ON

THIS 1985 WHICH HAS YET TO BE AGREED),

B. PRIVILEGES AND IMMUNITIES

3.

THE SECOND PREREQUISITE FOR RATIFICATION OF THE JOINT DECLARATION WILL BE PROVISION FOR PRIVILEGES AND IMMUNITIES FOR THE MEMBERS OF THE SINO-BRITISH JOINT LIAISON GROUP.

THE GROUP

AND

WILL BE SET UP IN ACCORDANCE WITH ANNEX II TO THE JOINT DECLARATION, AND IT WILL BEGIN TO MEET FOR SHORT PERIODS IN LONDON, PEKING AND HONG KONG AS SOON AS THE JOINT DECLARATION ENTERS INTO FORCE. IT WILL MEET AT LEAST ONCE IN EACH LOCATION IN EACH YEAR. EACH SIDE (UNITED KINGDOM AND CHINA) WILL DESIGNATE 5 MEMBERS FOR THE GROUP (PARAGRAPH 7 OF ANNEX II), MAY SEND UP TO 20 SUPPORTING STAFF. PARAGRAPH 10 OF THE ANNEX PROVIDES THAT MEMBERS OF THE GROUP SHALL ENJOY DIPLOMATIC PRIVILEGES AND IMMUNITIES AS APPROPRIATE WHEN IN THE THREE LOCATIONS. THERE IS NOTHING IN THE JOINT DECLARATION OR ITS ANNEXES TO CONFER ANY PRIVILEGES OR IMMUNITIES ON THE SUPPORTING STAFF, OR ON ANY EXPERTS WHO MAY ASSIST IN THE WORK OF THE GROUP IN ACCORDANCE WITH PARAGRAPH 11 OF THE ANNEX.

4.

THE

HONG KONG WILL TAKE THE NECESSARY ACTION TO ENSURE THAT APPROPRIATE PRIVILEGES AND IMMUNITIES ARE ENJOYED BY THE 5 CHINESE MEMBERS OF THE GROUP WHILE THEY ARE IN HONG KONG. ONLY CLAUSE REQUIRED IN THE BILL IS ONE WHICH PROVIDES FOR MEMBERS OF THE SINO-BRITISH JOINT LIAISON GROUP NOMINATED BY THE , PEOPLE'S REPUBLIC OF CHINA TO ENJOY IN THE UNITED KINGDOM THE LIKE PRIVILEGES AND IMMUNITIES AS ARE ACCORDED TO DIPLOMATIC

THE SITUATION IS AGENTS BY THE DIPLOMATIC PRIVILEGES ACT 1964.

NOT THOUGHT TO BE COVERED ALREADY BY SECTION 6 OF THE INTERNATIONAL ORGANISATIONS ACT 1968. ENDS

HOWE

MINIMAL

HKD COPIES TO

SIR P CRADOCK.

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MR BURROWS (LEGAL ADVISERS) CONFIDENTIAL