SECRET
ORDER IN COUNCIL: EXPLANATORY NOTES
1. Citation and interpretation.
This article is formal.
Paragraph (1) gives a name to the Order and paragraph (2) simply
attracts the provisions of the current United Kingdom Statute
for the interpretation of laws. Paragraph (3) gives some
flexibility in determining the date on which the Order will
come into force.
This empowers the
2. Power to grant indeterminate leases.
Governor to grant new leases without a fixed date and to convert
existing leases into indeterminate leases. The phrase "and such
a lease shall continue in force unless and until it is determined
or forfeited ......." has been chosen with great care. We had
earlier considered using wording on the lines of: "and such a
lease shall continue in force for so long as Her Majesty may
administer the New Territories". This would, however, have the
disadvantage of depriving lessees of their title on the day when
British administration ceased.
3.
The
Provision for administration of the New Territories.
purpose of this article is to make it clear that the Hong Kong
Government will be acting within its legal rights in contemplating
a future beyond 1097, and may continue as the lawf governmer t
of the New Territories after that date. It will minimise the risk
of a challenge to local legislation in the Hong Kong Courts, which
could be damaging for confidence. The inclusion of the phrase
"and the Governor shall continue to exercise executive authority
/in
SECRET