TNAG-1377-FCO40-1825-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 206

THE BILL

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9. THE BILL ITSELF PROVIDES FOR THE TERMINATION OF SOVEREIGNTY AND JURISDICTION.

10. THE SCHEDULE TO THE BILL DEALS WITH THREE ASPECTS RELATED TO THE AGREEMENT AND THE TERMINTTION OF SOVEREIGNTY. THEY ARE:

THE CHANGES IN BRITISH NATIONALITY LAWS NECESSARY AS A CONSEQUENCE OF THE AGREEMENT AND THE ASSOCIATED EXCHANGE OF MEMORANDA WITH THE CHINESE GOVERNMENT.

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AMENDMENTS TO BRITISHLAWS IN PREPARATION FOR OR CONSEQUENT UPON THE TERMINATION OF UK SOVEREIGNTY AND JRISDICTION.

- AND THE PROVISION OF DIPLOMATIC PRIVILEGES AND IMMUNITIES TO

THE FIVE CHINESE MEMBERS OF THE JOIN LIAISON GROUP.

11. I WILL EXPLAIN THE BILL'S FEATURES BRIEFLY. TERMINATION OF SOVEREIGNTY

THIS

12. THE CENTRAL PROVISION OF THE BILL IS CLAUSE ONE. 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 OF RATIFICATION.

13. THIS CLAUSE WILL ENABLE THE GOVERNMENT TO MEET ITS 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.

14. 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 BEGIN UNDERLINING SUI GENERIS CEASE UNDERLINING. 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 PARLIAMENTARY AUTHORITY FOR THE TERMINATION OF SOVEREIGNTY REMAINS THE SAME: IT

IS ESSENTIAL THAT THIS AUTHORITY SHOULD EXIST BEFORE THE GOVERNMENT RATIFIES THE AGREEMENT AND THUS CREATES AN INTERNATIONAL OBLIGATION.

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