TNAG-1377-FCO40-1825-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 309

CONFIDENTIAL

LEGISLATION COMMITTEE, 9 JANUARY: BRIEF FOR LADY YOUNG

HONG KONG BILL

POINTS TO MAKE

Purpose of Bill

1. Purpose of Bill is to implement Hong Kong agreement signed by

Prime Minister in Peking on 19 December 1984.

Content of Bill

2.

Summarised in paragraphs 2-3 of Memorandum. Provides for

termination of sovereignty and jurisdiction in relation to Hong Kong

from 1 July 1997. Schedule contains:

3.

i) enabling clause on nationality;

ii)

iii)

enabling clause on modification of UK enactments (largely

a technical matter);

clause on diplomatic privileges and immunities for

Chinese members of the Joint Liaison Group.

Nationality provisions not essential for ratification. (Nor

are provisions on modification of UK enactments, although these are

Less likely to be contentious.) In extreme circumstances could be

dropped from Bill to permit more rapid passage.

Timing

4.

Under pressure from Chinese in negotiations, and with agreement

of Lord Privy Seal and Lord President, agreed that ratification

should take place by 30 June 1985. Paragraph 8 of Joint Declaration

commits us to this. Hence urgency in putting Bill through all its

stages.

Parliamentary history

5.

House of Commons had full opportunity to debate agreement on

5 December and House of Lords on 10 December. Signature approved

without division, although some reservations expressed on matters of

detail. Main thrust of Bill should therefore not be controversial.

Should be possible to limit debate on general issues involved.

CONFIDENTIAL