TNAG-1377-FCO40-1825-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 110

both

Following signature, we and the Chinese Government

have to satisfy our respective constitutional requirements in order to ratify the agreement. The main

purpose of the Bill before us today is to enable Her

Majesty's Government to ratify the agreement.

The Bill itself provides for the termination of

British sovereignty and jurisdiction over Hong

Hong Kong

Kong as

from 1 July 1997. I shall briefly describe its

features.

ma in

The central provision of the BilI is Clause One.

This provides for the termination of British sovereignty

over the ceded parts of Hong Kong and the termination of

British jurisdiction over the whole territory with

effect from 1 July 1997. This section of the Bill will

enter into force on the Exchange of Instruments

Ratification.

of

to meet its

This Clause will enable the Government

obligation under paragraph two of the Joint Declaration

in which the Government of the United Kingdom declares

that it will restore Hong Kong to the People's Republic

of China with effect from 1 July 1997.

In recent years it has become the invariable

practice when the UK divests itself of sovereignty over

territory to do SO upon the authority of an Act of Parliament. The situation of Hong Kong is of course sui

generis. In this case we are entering into an agreement

with another power to terminate sovereignty as from a

certain specified date.

Nevertheless the need for

for

the

termination

of

sovereignty remains the same: it is essential that this

parliamentary authority y

authority should exist

before the

Government

ratifies

the agreement and

thus

creates

an international

obligation.