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Provision for administration of New Territories
3. The Governor of Hong Kong, with the advice and consent of the
Legislative Council, shall continue to be competent to make laws
for the peace, order and good government of the New Territories,
and the Governor shall continue to exercise executive authority
in the same, for so long as Her Majesty administers those
Territories.
Saving
4. The Order of Her Majesty in Council made in respect of
the New Territories on 20th November 1898 shall continue in
operation subject to the provisions of this Order.
EXPLANATORY NOTES
1.
Citation and Interpretation
This article is formal.
Paragraph (1) gives a name to the
Order while paragraph (2) simply attracts the provisions of the
currant UK statute for the interpretation of laws.
2. Power to Grant Indeterminate Leases
This is the core of the Order, empowering the Governor to
grant new leases of indeterminate length and to convert existing
leases into indeterminate leases. The phrase "and such a lease
shall continue in force for so long as Her Majesty may administer
those Territories" has been chosen with great care. The intention
is to remove the significance of the 1997 termination date of the
New Territories Lease in a way which does not require any change
in the Chinese official position that the problem of Hong Kong will
be solved "when conditions are ripe". The word "administer" has
been used in preference to "possess", "hold", or "occupy" because
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