5.

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b. would wish to find a way of maintain-

ing for itself the benefits of

C.

continued British administration and

prosperity in Hong Kong for the time

being, and would realise that to

achieve this, some action by HMG over

the leases was necessary, and

would signify its approval through

silence if HMG acted to produce the

necessary results, provided this did

not prejudice China's basic position

over Hong Kong.

We concluded that either the leases would have to

be extended for a specific period (without the CPG extending

the lease of the New Territories), or powers would have to

be taken to exercise jurisdiction and to grant leases in

the New Territories for an indeterminate period instead of,

as at present, until 1 July 1997.

6.

Such a change, if tacitly acceptable to China,

could expose us to a demand for rendition before 1997,

as well as open a way to postponing rendition till after

1997. However the risk of the former is worth taking

since, in the absence of Chinese recognition of the Lease

agreement, we are open to such a demand already.

7.

Against this background we asked the Hong Kong

Solicitor-General how either of these changes could be

managed, within British law, and assuming the Chinese

Government agreed in advance. He was in particular

asked to address himself to the following questions

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-2-

/a.

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