M G de Winton Esq CBE MC Law Officer's Department - Royal Courts of Justice Strand
file copy
(118
Foreign and Commonwealth Office
London SW1A 2AH
Некою!
SALARY RO, DI
IND
DESC
2 5 JUN 1979
PA
по затов
My dear Michael
HONG KONG NEW TERRITORIES
18 June 1979
Ru
22/vi
1) Mr. The Laven to see
2) Enter.
1. As you know, the territories acquired from China under the Anglo-Chinese Convention of June 1898 (the New Territories) were incorporated in the colony of Hong Kong by an Order in Council of 20 October 1898 (SR & O and S1 Rev.X, p.18).
2. In granting leases of Crown land in the New Territories, it has been the practice of the Hong Kong Government to provide that such leases will expire three days before 1 July 1997 when the 99 year term specified in the convention of 1898 is due to expire.
3.
In order to maintain confidence in Hong Kong, the Governor sees the need to provide now for a revision of the Crown leases expiring on 28 June 1997 so that the tenants of Crown land will be reassured concerning the continuance of their tenancies so long as British rule continues (and indeed afterwards as well if the Chinese do not inter- fere with existing titles when they resume possession).
4. The Governor has considered the grant of fixed terms expiring after 1 July 1997 eg 40 years, or renewable so as to run after that date, but does not like the idea as it might be taken to imply a fixed term for the British tenure of the New Territories.
5. In view of the objection to fixed terms, the Governor proposes the creation of a form of perpetual lease that would not imply any particular duration for British tenure of the New Territories.
6. Such leases could be sanctioned by local Ordinance, but the Governor would prefer them to be sanctioned by an Order in Council made in exercise of Her Majesty's general legislative power over the colony.
7. At the same time, the Governor would like the Order in Council to make it clear that the New Territories can continue to be governed after 1 July 1997 for so long as British tenure of the New Territories is suffered to continue.
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