-POLLOWNING-RECIEVED VIA SKYNET
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INFORMATION
002549
COMMS OFFICE REG.NO.. D.T.R. 27th APRIL 1979 2333 HRS
Good.
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FM F.C.O.
TO IMMEDIATE HONG KONG
TELEGRAM UNNUMBERED OF 27 APRIL, 1979.
FOR GOVERNOR.
YRLET OF 10 APRIL: NEW TERRITORIES.
سمجھا۔
1. WE HAVE NOW TAKEN ADVICE ON POSSIBLE REWORDING OF THE PROPOSED ORDER IN COUNCIL. IT HAS OF COURSE BEEN AGREED ALL ALONG THAT ANY FORMULATION WE USE MUST BE CONSISTENT WITH THE CHINESE VIEW ON THE FUTURE OF HONG KONG. OUR UNDERSTANDING OF THAT VIEW HAS BEEN CHANGED BY DENG'S REVELATION, THAT HE ENVISAGES A SCENARIO UNDER WHICH HONG KONG WOULD COME UNDER CHINESE SOVERIGNTY WHILE CONTINUING TO FUNCTION MUCH AS AT PRESENT. AS YOU POINT OUT, THERE ARE CONSIDERABLE PROBLEMS TO BE OVERCOME BEFORE SUCH A SCENARIO COULD BE WORKABLE. NONETHELESS WE SHOULD TRY TO DEVISE A WORDING FOR THE NEW LEASES THAT WOULD ENABLE THEM TO CONTINUE IN FORCE IN THE EVENT THAT SUCH A CHANGE DOES TAKE PLACE. 2. THE SIMPLEST SOLUTION WOULD BE TO OMIT THE PHRASE "FOR SO LONG AS HER MAJESTY MIGHT ADMINISTER THESE TERRITORITIES'' FROM CLAUSE 2. THIS PHRASE WAS ORIGINALLY INCLUDED TO REASSURE THE CHINESE THAT WE DO NOT ASSUME THE BRITISH RULE IN HONG KONG WOULD CONTINUE FOREVER. IT'S OMMISSION DOES NOT WEAKEN THE LEGAL VALIDITY OF THE CLAUSE, BUT IF YOU FEEL IT NECCESARY TO INCLUDE SOME WORDING THAT IN EFFECT MEANT 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 DEVISE AN AMENDMENT THAT WILL DEAL EFFECTIVELY WITH THE POWER TO LEGISLATE FOR AND ADMINISTER THE NEW TERRITORIES AFTER 1997 WITHOUT REFERRING TO CONTINUING BRITISH ADMINISTRATION. THE CHOICE THEREFORE IS BETWEEN RETAINING THIS CLAUSE AT THE RISK OF PROVOKING CHINESE OBJECTIONS, OR OMITTING IT AT THE RISK
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