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giving the Chinese advance notice of our intentions in
reassuring terms would also require careful thought.
12. As for timing, my feeling is that action in the
relatively near future would be preferable to letting matters
drift, but much would obviously depend on our assessment
of Chinese reactions.
13. My own belief, for what it is worth, is that it is
dangerous to rely on securing express Chinese agreement to
a change in our law. Our last approach (which I thought
was a mistake) was unprofitable
-
rather than have to say
They must
"yes", the Chinese might actually welcome a fait accompli
if it were tactfully and reassuringly presented.
know that, whatever laws we pass for domestic purposes, they
could always take possession of Hong Kong if they wanted to!
14. As for the form of our legislation, my preference among
the alternatives indicated in paragraph 7 above would be for
an Order in Council (under the Royal prerogative) to the
effect that, so long as the rest of Hong Kong is subject to
an administration established by the United Kingdom, then,
notwithstanding the expiration of the lease referred to in
the 1898 Order, the New Territories shall also be subject to
that administration and that accordingly article 1 of the 1898
Order is amended by the deletion therefrom of the words "and
for the term".
15. The same result could be achieved in other ways, e.g.
by revoking the 1898 Order and replacing it by a new separate
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/ Order