@AS 200 SECRET
FM F C O 27130OZ JUN 79
• TO PRITY HONG KONG
TELNO 444 OF 27 JUNE
SECRET
FOR POLITICAL ADVISER FROM MCLAREN.
INC
NEW TERRITORIES LEASES,
there awoll
29 JUN 1979
22
Cuan Tukun
M
182.7
1. I HAVE DISCUSSED THE LATEST VERSION OF THE DRAFT SPEAKING NOTE WITH THE DEPARTMENT'S LEGAL ADVISER.
2. AS I ANTICIPATED, RUSHFORD WOULD PREFER TO TONE DOWN THE FIRST 2 SENTENCES OF PARAGRAPH 2 TO AVOID SAYING EXPLICITLY THAT ''BRITISH LAW REQUIRES' LEASES TO END IN 1997 OR THAT THE HONG KONG GOVERNMENT ''IS PROHIBITED FROM'' GRANTING LEASES EXTENDING BEYOND THAT DATE. HE
SUGGESTS SUBSTITUTING THE FOLLOWING:-
QUOTE: THE PROBLEM IS THAT, AT PRESENT, ALL INDIVIDUAL LEASES FOR LAND IN THE NEW TERRITORIES END IN 1997. THE HONG KONG GOVERNMENT CANNOT GRANT LEASES EXTENDING BEYOND THAT DATE WITHOUT EXPRESS LEGAL AUTHORITY. UNQUOTE.
3. RUSHFORD HAS ALSO COMMENTED THAT A FLAT STATEMENT THAT UNDER PRESENT BRITISH LAW THE GOVERNOR'S POWERS OF ADMINISTRATION IN THE NEW TERRITORIES END IN 1997'' (THIRD SENTENCE OF PARAGRAPH 4) WOULD BE A HOSTAGE TO FORTUNE WHICH WE MIGHT SUBSEQUENTLY REGRET, THIS SEEMS TO ME A FAIR POINT. WE SUGGEST SUBSTITUTING THE FOLLOWING:--
QUOTE: THE PRESENT BRITISH LAW WAS FRAMED IN THE EXPECTATION THAT THE GOVERNOR'S POWERS IN THE NEW
TERRITORIES WOULD CEASE IN 1997.
UNQUOTE.
CARRINGTON
FILES
ANGD (6)
FED
MR MURRAY
MR RUSHFORD
(LEGAL ADVISERS)
SECRET
: