TNAG-1388-FCO40-1859-Future-of-Hong-Kong-Sino-British-Joint-Declaration-1985 — Page 132

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13 MAY 1985

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FM FCO 101045Z

MAY 85

TO IMMEDIATE PEKING

TELEGRAM NUMBER 414 OF 10 MAY

INFO IMMEDIATE HONG KONG

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SMITHS TELELETTER OF 2 MAY TO POWELL AND YOUR TELNO 677-OF 7 MAY:

HONG KONG AGREEMENT: RATIFICATION

1. YOU MAY DRAW ON THE FOLLOWING FOR USE WITH THE MRA.

2. PARA 3 OF TELETTER AND PARA 1 OF TUR. UNDER UK

CONSTITUTIONAL BEGIN UNDERLINING PRACTICE END UNDERLINING (THERE IS NO EQUIVALENT OF A WRITTEN LAW SUCH AS ARTICLE 81 OF THE CONSTITUTION OF THE PRE) INSTRUMENTS OF RATIFICATION OF INTER- GOVERNMENTAL AGREEMENTS ARE SIGNED BY THE SECRETARY OF STATE,

REGARDLESS OF WHO SIGNS FOR THE OTHER PARTY. IN THE PAST WE HAVE

CONCLUDED AGREEMENTS WITH COUNTRIES AS DIVERSE AS COSTA RICA AND

FRANCE IN WHICH OUR INSTRUMENT OF RATIFICATION HAS BEEN SIGNED BY

THE SECRETARY OF STATE AND THEIRS HAS BEEN SIGNED BY THE HEAD OF

STATE OF THE OTHER COUNTRY. THE ONLY EXCEPTION TO THIS IS FOR

AGREEMENTS SPECIFICALLY DRAWN UP AS BETWEEN HEADS OF STATE WHEN

THE QUEEN SIGNS THE INSTRUMENT OF RATIFICATION. SOME EC

TREATIES AND BILATERAL AGREEMENTS CONTINUE TO USE THE HEAD OF STATE FORM BUT THE JOINT DECLARATION IS IN INTER-GOVERNMENTAL, BEGIN UNDERLINING NOT END UNDERLINING HEAD OF STATE FORM.

3. THE DETAILS OF UK PRACTICE ARE SET OUT IN A UN PUBLICATION,

'LAWS AND PRACTICES CONCERNING THE CONCLUSION OF TREATIES (1953)', TO WHICH THE CHINESE MAY HAVE ACCESS. THAT PUBLICATION REFERS TO THE POSSIBILITY OF THE PRIME MINISTER SIGNING THE INSTRUMENT OF RATIFICATION OF AN AGREEMENT IN INTER-GOVERNMENTAL FORM IN EXCEPTIONAL CASES'. THIS IS NOT CURRENT PRACTICE AND

TREATY SECTION CANNOT RECALL AN INSTANCE.

4.

PARA 4 OF TELELETTER. PARLIAMENT DOES NOT RATIFY TREATIES. WE HAVE LEGISLATED TO PROVIDE FOR THE ENDING OF BRITISH SOVEREIGNTY IN HONG KONG IN 1997 ETC. THAT WAS A NECESSARY STEP

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