TNAG-2822-FCO40-4072-Hong-Kong-boundaries-and-territorial-waters-1993 — Page 26

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wich Guangdong on the boundary in the bays and at sea. The land boundary, though still to be settled, should not present major problems with the Chinese, although if they insist on

their line in the central ('international path') section we

could face a difficult decision on land resumption of 3.107 hectares now in private ownership. The prospect of actually agreeing a line has brought more sharply into focus the question of whether we should enshrine the agreed administrative roundury

in legislation. The alternative would be to keep it or an operational level, retaining in our law the 1898 boundaries.

3.

This is a matter purely for UK/IK. There is no question of China/Guangdong coming to any legally binding agreement with us over boundaries which would have implications for their position on sovereignty. As far as dealing with the Chinese is concerned, the most we can realistically aim for

remains a non-binding administrative agreement which is observed in practice by both sides (and which hopefully will establish a

rait Lccompli for 1997).

If we wished to alter our legal bounduries the 100

advice than this could be done by two Orders in Council, one

under the 1985 Hong Kong Act, the other under the 1695 colonial

Boundaries Act They would be subject to the negative

resolution procedure and the FCO do not, therefore, see any

difficulty in getting them made. These Crders would have the force of law in Hong Kong. Under Section 101 of Cap.1, the schedule to that Ordinance describing the boundaries could be

amended by the Governor so that it would not conflict with these

Orders. While there would be no need, legally, to effect an amenament to Hong Kong law, it would obviously be desirable to align Cap.1 with the UK Orders. This subsidiary legislation of

the Governor would itself need to be laid before Legco, who

might seek to amend it.

Argument

8.

We have hitherto proceeded largely on the assumption that we could establish an administrative boundary and operate

2.

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