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5. If the Chinese accepted the principle of such a legal act
the timing of its implementation could be discussed.
Whilst there
is a clear advantage in establishing the legal basis for extended
leases before they are issued, publication of the Order in Council
itself might attract undue public attention or speculation. An
alternative would be to employ the instrument retrospectively and only
if and when the legality of the Governor's action in issuing a lease
going beyond 1997 were challenged in the open court. The proposed
Order in Council could then be put to the Chinese simply as a
contingency measure.
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