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Order or an addition to the Hong Kong Letters Patent, but the
suggestion in paragraph 14 above conforms to my minute of
7 May, Mr Clift's minute of 2 July, my letter to Mr Steel of
6 July and Mr Steel's reply of 28 July
Attorney-General's opinion.
containing the
16. It seems to me that an Order of the kind referred to
in paragraph 14 above would meet the Governor's requirements
satisfactorily provided that the Chinese did not take serious
offence because it purports to annex the New Territories
with effect from 1 July 1997.
17. The alternative of an Order under the Foreign Jurisdiction
Act 1890 (as mentioned in paragraph 7(c) above) is less
straightforward.
The New Territories would cease to be part
of Hong Kong's dominions when the lease expired and their
status would then change. Thereafter British jurisdiction
would depend on the actual situation (e.g. Chinese 'sufferance')
and could not be certified in advance. There would be
complications in the field of UK nationality.
Furthermore,
express provision to facilitate the grant of Crown leases
running after 30 June 1997 would be needed. I put this
alternative forward to avoid the element of annexation but
prefer the more radical solution in my paragraph 14. I doubt
whether the Chinese would be much concerned about the specific
wording of our law so long as they were not alarmed by our
apparent intentions.
18. If you wish I will send a copy of this minute to Mr Steel
/ (either
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