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2
the same thing without actually mentioning British rule, then we
suggest substituting "for so long as this Order is in operation"
for the phrase quoted above.
3. Clause 3 is more problematical.
We have not been able to
The choice
devise an amendment that will deal effectively with the power to
legislate for and administer the New Territories after 1997 with-
out referring to continuing British administration.
therefore is between retaining this clause at the risk of provoking
Chinese objection, or omitting it at the risk of having your power
to legislate for the New Territories after 1997 challenged in the
Hong Kong courts. Given that we are advised that such a challenge
if made before 1997 would fail, and that the clause is unnecessary
in order to enable us to achieve our primary purpose of issuing
indeterminate leases, we suggest that in the new circumstances
this clause should be dropped altogether, leaving the question of
legislative and executive powers after June 1997 to be considered
in the light of contemporary circumstances when that date approaches.
OWEN
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