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CONFIDENTIAL
PRIME MINISTER'S VISIT TO CHINA AND HONG KONG: 18-21 DECEMBER 1984
HONG KONG
Brief No 2: MEETING OF THE EXECUTIVE COUNCIL: SUPPLEMENTARY BRIEF
FOR THE SECRETARY OF STATE:
BACKGROUND:
HONG KONG BILL
1. EXCO will have discussed the Bill on 18 December. A report of that discussion will be telegraphed to Peking and London, and the Department will telegraph any necessary further briefing. A copy of
the Bill is attached.
2. The Bill has already been discussed at various stages with Hong Kong officials, and with the Hong Kong Attorney General in London. Officials in Hong Kong, Peking and London are content.
3.
The Bill has been printed, ready for presentation to the Legislative Committee on 9 January (which requires circulation on 2
January). We hope that EXCO's discussions with the Secretary of State will result in their formal approval being given to the Bill.
Termination of Sovereignty
4.
Sir S Y Chung remains of the opinion that we should have dealt with termination of sovereignty in a clause enabling a subsequent Order in Council. He feels strongly that this would have left a
trigger mechanism in our hands, allowing us to withold the Order if the Chinese did not comply with the agreement. We had put this idea forward in April in discussions with Unofficials as one way of dealing with the problem. The UK Attorney General has however
advised that if the Order in Council was subject to either
affirmative or negative procedure we could not proceed to ratification. The Parliamentary managers agree that Parliament could indeed seek to retain control in this way. Those arguments were spelt out very fully and firmly to EXCO in a telegram
authorised by the Secretary of State. But the Council could not reach a unanimous view, and Sir S Y Chung in particular remains
CONFIDENTIAL
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