8.
a.
b.
c.
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If A leased land to B for ten years
what would happen if B leased it to
C for 12?
Answer: At Common Law a sub-lease
beyond the head lease term has
disastrous consequences for the land-
lord/tenant relationship.
Is it lawful to issue leases of
indeterminate length?
Answer: At Common Law a lease of
indeterminate length is not possible.
It could however be made possible by
legislation in Hong Kong, providing
this was first covered by a United
Kingdom Order in Council.
Would it be lawful for the Hong Kong
Government to extend leases, let alone
exercise jurisdiction, past the date
up to which the New Territories Lease
conferred sovereignty on the Crown?
Answer: This would only be lawful if
cover had first been provided by a
United Kingdom Order in Council. Such
an Order in Council would be lawful.
A note by the Solicitor-General on his opinion
of the law in these respects is attached (Appendix I).
9.
As an illustration of the kind of legislation
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