25.
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Finally, I am asked whether a declaration might
be sought from the International Court of Justice that
HMG was in breach of its treaty obligations.
Assuming
that the CPG does not object to any action that might be
taken, I do not think so. Only states may go to the
International Court and jurisdiction there is only by
consent. However, I have no specialist knowledge of
international law and if a course of action is to be
taken, the FCO lawyers are better fitted to advise in
this area.
26.
I have considered the kind of Order in Council
which I see as necessary to enable legislation to be
enacted in Hong Kong in order to circumvent the common
law rule that a lease must be of fixed duration. At
Appendix II is a rough draft intended only to serve as
a basis for further consideration. I have kept the
recitals brief and vague in order to reduce the possible
area of debate or objection.
27.
The Hong Kong legislation enacted in consequence
of such an Order in Council would be technical and complex.
The purpose would be to -
a.
circumvent, insofar as N.T. leases are
concerned, the rule of common law that a
lease must be of fixed duration;
b. extend those leases due to expire 3 days
before the N.T. lease for an indeterminate
term;
C.
enable future leases to be granted for an
indeterminate term;
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/d.