OO HONG KONG DD 101200Z
GRS 260
CONFIDENTIAL
DESKRY 10120OZ
FM FCO 100816Z JANUARY 85
TO IMMEDIATE HONG KONG
CONFIDENTIAL
TELEGRAM NUMBER 59 OF 10 JANUARY
INFO IMMEDIATE PEKING
F
3475 2
HKCK 040/2.
YOUR TELNO 73 AND PEKING TELNO 29: HONG KONG BILL
INRUGISTRY
10 JAN 1985
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—
48小
1. THE HONG KONG BILL AND EXPLANATORY MEMORANDUM HAVE BEEN
HANDED INTO THE PUBLIC BILL OFFICE AND PRINTED. THERE IS NO (NO)
POSSIBILITY OF CHANGING THE EXPLANATORY MEMORANDUM. WE WILL
AMEND THE LAST SENTENCE OF THE PRESS NOTICE TO READ THE BILL
ALSO ENABLES SUBSEQUENT ORDERS IN COUNCIL TO DEAL WITH CHANGES IN BRITISH NATIONALITY LAWS AND TO MAKE OTHER NECESSARY TECHNICAL
AMENDMENTS TO BRITISH LAWS'.
2. WE BELIEVE THAT THE CHINESE ARE UNLIKELY TO OBJECT TO THE
REFERENCES TO TECHNICAL MODIFICATIONS CUSTOMARILY MADE IN
INDEPENDENCE ACTS''IN THE EXPLANATORY MEMORANDUM. THE EXPLANATORY
MEMORANDUM IS DESIGNED TO MAKE THE BILL MORE EASILY
COMPREHENSIBLE TO MPS, AND THUS NEEDS TO EXPLAIN THIS CLAUSE IN TERMS OF PRECEDENCES. IF THE CHINESE WERE TO RAISE OBJECTIONS WE
SHOULD EXPLAIN:
THAT THERE IS NO SUGGESTION THAT THE HONG KONG BILL IS AN
INDEPENDENCE ACT.
(A)
(B) THAT CERTAIN CHANGES ARE NECESSARY IN UK LAW WHENEVER BRITISH SOVEREIGNTY OVER A TERRITORY CEASES. THIS NORMALLY
HAPPENS WHEN A TERRITORY BECOMES INDEPENDENT. THE SITUATION HER IS OF COURSE DIFFERENT, BUT THE SAME NEED ARISES TO CHANGE BRITISH LAWS REFERRING TO HONG KONG WHICH ARE BASED ON THE
ASSUMPTION THAT IT IS A BRITISH TERRITORY.
3. FOR PEKING: AS SET OUT IN PARA 4 OF OUR TELNO 53 TO HONG KONG
YOU SHOULD PASS ONLY THE BILL TO THE CHINESE AND NOT THE
EXPLANATORY MEMORANDUM AND PRESS NOTICE.
HOWE
HONG KONG AGREEMENT
LIMITED
HD/HKD
HD/FED
HD/PLANNING STAFF
HD/PUSD
DEP HD/PUSD
RESEARCH DEPT (MR WALKER)
PS
PS/MR LUCE
PS/PUS
SIR W HARDING
MR WILSON
SIR J FREELAND
MR J CROWLEY, PUSD
COPIES TO: (VIA ADR)
MR ROBERTS, NEWS DEPT
MR FIFOOT, LEGAL ADVISERS MR BURROWS, LEGAL ADVISERS
MR MARTIN, ASST STAFF CABINET
OFFICE
MR CARTLEDGE, CABINET OFFICE IR COLVIN, CABINET OFFICE
SIR P CRADOCK, NO 10 DOWNING ST MR PAKENHAM - WALSH, LEGAL ADV.
CHOME OFFICE)
CONFIDENTIAL
22
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