TNAG-1378-FCO40-1826-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 68

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

HONG KONG BILL

REVISED NOTES ON CLAUSES

INTRODUCTION

CONFIDENTIAL

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1. A Bill is required to implement the Joint Declaration of Government of the United Kingdom and the Government of the People's

Republic of China on the question of Hong Kong (published as a White Paper, command 9352). The Joint Declaration was signed by the

British and Chinese Prime Ministers on 19 December 1984 in Peking.

2.

Paragraph 8 of the Joint Declaration states that

that instruments of

ratification will be exchanged before 30 June 1985. It is therefore

necessary to put the Hong Kong Bill through all its stages as rapidly as possible.

3.

over

Legislation is necessary in two respects to allow us to ratify the agreement: first to provide for the termination of sovereignty

the ceded parts of Hong Kong and the termination of

jurisdiction over the whole territory as from 1 July 1997, and

second to accord diplomatic privileges and immunities to the Chinese

members of the Joint Liaison Group who will attend meetings of the Group in London. Ministers have decided that two other associated

subjects should be included in the Bill: an enabling clause to allow

a subsequent Order or Orders in Council in order to implement the UK Memorandum on nationality associated with the agreement and to make

other necessary provisions relating to nationality, and a further

enabling clause to allow technical amendments to be made to UK

legislation.

In the event of parliamentary opposition which

threatened to delay the Bill's passage, and hence ratification,

these two aspects of the legislation could in the final resort be

dropped and dealt with in a separate Bill.

4. Although the Bill is

the opportunity to debate

the endorsement of the

fairly narrow in scope Lords may well use the whole future of Hong Kong. Following agreement by the people of Hong Kong, the

CONFIDENT I AL

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