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any international repercussions meanwhile if (as is intended) the
Chinese Government's consent or acquiescence were obtained before
it was made.
11. In practice no challenge to the vires of the Order could be
made in the municipal courts before 1 July 1997, by which date
the basis for any British occupation of the New Territories on and
after that date would have become clear and could be the subject
of a certificate from the executive if the courts desired one.
12. To sum up, it is submitted:-
i. that the making of provision for the government of the
New Territories after 1 June 1997 by Order in Council on a
contingent or hypothetical basis is intra vires and need not
be objected to on legal grounds
ii. in any case, the provision, which could have no effect in
municipal law before 1 July 1997, could not be challenged in
the municipal courts before that date, by which time the
basis for further British occupation would have been
definitely established.
Legal Advisers
Foreign and Commonwealth Office
2 July 1979
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