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FM HONG KONG 041030Z JAN 35

TO IMMEDIATE F C O

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TELEGRAM NUMBER 35 OF 4 JANUARY

INFO IMMEDIATE PEKING

HONG KONG AGREEMENT : LEGISLATION : LEGCO QUESTION

MR. JOHN SWAINE HAS PUT DOWN THE FOLLOWING QUESTION FOR REPLY AT THE NEXT SITTING OF THE LEGISLATIVE COUNCIL ON 9 JANUARY:

''IN CONNECTION WITH THE STATEMENT MADE BY SIR GEOFFREY HOWE IN THE HOUSE OF COMMONS ON 5TH DECEMBER 1934 WHEN THE HONG KONG AGREEMENT WAS DEBATED, THAT LEGISLATION WOULD BE BROUGHT FORWARD EARLY IN 1985 TO PROVIDE FOR TERMINATION OF SOVEREIGNTY IN 1997, AND TO PROVIDE POWERS TO MAKE OTHER CHANGES TO THE LAW, INCLUDING THE NATIONALITY LAW, WOULD THE ADMINISTRATION PLEASE MAKE A STATEMENT ON HOW MUCH POWERS ARE TO BE PROVIDED, THE MEANS BY WHICH SUCH POWERS ARE TO BE EXERCISED, AND WHAT SAFEGUARDS THERE ARE TO ENSURE DUE PUBLICITY AND DEBATE BEFORE EANCTMENT: FURTHER WOULD THE HONG KONG GOVERNMENT URGE HMG TO ENSURE THAT ALL SUCH PROPOSED CHANGES TO THE LAW, INCLUDING THE NATIONALITY LAW, ARE FULLY PUBLICISED BOTH IN THE UK AND HONG KONG WELL BEFORE THEIR INTRODUCTION SO THAT REPRESENTATIONS MAY BE MADE IF NECESSARY?!!

2. FOLLOWING IS THE TEXT OF THE REPLY WHICH WE PROPOSE THE CHIEF SECRETARY SHOULD GIVE:

''THE STATEMENT TO WHICH MR. SWAINE REFERS AS HAVING BEEN MADE BY THE SECRETARY OF STATE, SIR GEOFFREY HOWE, READ AS FOLLOWS AND I QUOTE :

'FOLLOWING SIGNATURE, WE SHALL BRING FORWARD LEGISLATION EARLY NEXT YEAR TO PROVIDE FOR TERMINATION OF SOVEREIGNTY IN 1997, AND TO PROVIDE POWERS TO MAKE OTHER CHANGES TO THE LAW, INCLUDING THE NATIONALITY LAW, WHICH WILL BE NECESSARY IN CONNECTION WITH THE AGREEMENT AND TERMINATION OF SOVEREIGNTY.' UNQUOTE.

AS THE LEGISLATION WILL BE AN ACT OF THE BRITISH PARLIAMENT, I AM NOT IN A POSITION TO ANTICIPATE ITS CONTENTS. BUT I CAN ASSURE MR. SWAINE THAT, IN ACCORDANCE WITH PARLIAMENTARY PROCEDURE, THE PROPOSED LEGISLATION WILL BE PUBLISHED IN THE FORM OF A BILL UPON ITS INTRODUCTION INTO PARLIAMENT. THIS WILL BE FOLLOWED AFTER AN INTERVAL BY THE NORMAL PROCESS OF PUBLIC DEBATE IN BOTH HOUSES, AND THERE WILL BE OPPORTUNITIES FOR REPRESENTATIONS TO BE MADE BY PEOPLE IN HONG KONG IF THEY SO WISH. FOR OUR PART, GIVEN THAT THE BILL WILL BE CONCERNED WITH THE FUTURE OF THIS TERRITORY, THE HONG KONG GOVERNMENT WILL NATURALLY ENSURE THAT THE CONTENTS OF THE BILL, ONCE PUBLISHED IN THE UK, ARE MADE WIDELY KNOWN IN HONG KONG.''

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