DRAFT
SECRET
DSK TIC
1
to be
SECRETARY OF STATE'S VISIT TO CHINA: FUTURE OF HONG KONG
SUPPLEMENTARY BRIEF ON LEASES IN THE NEW TERRITORIES
POINTS
TO MAKE
1. As in paragraph 3 of the 'Points to Make' of the main
brief.
2. Will tackle this problem in low-key fashion so as to
avoid speculation, but already much public discussion in
Hong Kong and British press. Essential, however, to keep
content of our discussions confidential. But will need to
say something to the press after Secretary of State's visit.
We suggest the following:
3.
The future of Hong Kong was touched on by Ministers
as part of the continuing dialogue between the two
countries. Discussion of certain technical questions,
including the issue of leases in the New Territories,
took place at official level and it was agreed that
the two sides would keep in touch!
1
On the practical problem of the granting of leases in
the New Territories extending beyond 1997, this would be
possible but we would wish the first lease to be in favour
of a Chinese Government agency or official organisation
in Hong Kong and for a fairly lenghty period, say 25 years.
d by a
нибался он
Would seek Peking's approval to first such lessee.
4. Under British law, there would have to be a legal basis
for issuing a lease running beyond 1997 in case it was
challenged, eg by a sub-lessee. [This would be established
in advance of such a lease being issued] or [However, this
could be done retrospectively and only if and when there is a
challenge to the legality of the Governor's action in issuing
a lease going beyond 1997]. The instrument would be a simple
act of state, ie an Order in Council, to give
SECRET
/effect
#4200(22484)DD 9532198 300M 7/79 GWR LTD OP.870