SEORET
HKK & 040
RECEIVED
JUALS O.
112
GR220
SECRET
FM FCO 071527Z JUN 79
TO PRIORITY HONG KONG
}
TELEGRAM NUMBER 378 OF JUNE
INFO PRIORITY PEKING
FROM MCLAREN
YOUR TEL NO 603: NEW TERRITORIES LEASES
DESK
INDEX
по
J?4.6
B
1. I AM SORRY THAT OUR PREOCCUPATION WITH MORE URGENT BUSINESS
HAS HELD UP A REPLY TO YOUR TUR.:
2. IN THE OPINION OF THE DEPARTMENT'S LEGAL ADVISER, THE WORDING SUGGESTED IN PARAGRAPH 1 OF YOUR TELNO 547 WOULD NOT (NOT)
PROVIDE A SATISFACTORY LEGAL BASIS FOR THE CONTINUATION OF BRITISH
ADMINISTRATION IN THE NEW TERRITORIES AFTER 1997. THE PHRASE
QUOTE AND THE GOVERNOR SHALL ALSO HAVE THE LIKE AUTHORITY
WITHOUT REGARD TO ANY PARTICULAR DATE UNQUOTE IS AMBIGUOUS, AND
IN RUSHFORD'S VIEW COULD BE CONSTRUED MERELY AS AN INDICATION
THAT LAWS MADE AND THINGS DONE BEFORE 1997 ARE CAPABLE OF HAVING
LEGAL EFFECT AFTER THAT DATE (WHICH IS ALREADY THE CASE: IT IS
ONLY IN THIS SENSE THAT THE ORDER OF 1897 CAN BE CONSIDERED AS
POTENTIALLY IN FORCE AFTER 1997 PARA 6 OF PEKING TELNO 445 REFERS).
3. WE HAVE REACHED NO FIRM CONCLUSIONS ON WHETHER PROVISION
FOR CONTINUING BRITISH ADMINISTRATION SHOULD BE MADE IN THE
CONTEXT OF ACTION ON THE LEASES. NOR HAVE WE YET CONSULTED
MINISTERS. BUT IF PROVISION IS TO BE MADE IT WILL BE ESSENTIAL, AS SEEN FROM HERE, TO EXPLAIN TO THE CHINESE WHAT WE ARE PROPOSING TO DO IN TERMS WHICH LEAVE NO ROOM FOR MISUNDERSTANDING
ON THEIR PART. THE CHINESE MAY OBJECT, BUT IT IS BETTER THAT THEY SHOULD DO SO BEFORE ACTION HAS BEEN TAKEN THAN AFTERWARDS,
WHEN IT WOULD BE TOO LATE TO WITHDRAW, AGAINST THAT BACKGROUND-
WE ARE INCLINED TO THINK THAT IT WOULD BE BEST TO STICK TO
WORDING ON THE LINES OF CLAUSE 3 OF THE DRAFT ORDER IN COUNCIL,
IF THE IDEA IS NOT ACCEPTABLE TO THE CHINESE IN THIS FORM, IT
IS PROBABLY NOT ACCEPTABLE AT ALL.
SEORET
14.