HONG KONG STUDY

ANNEX O

SECRET

[ Await haw Officers advice]

CROWN LAND LEASES IN THE NEW TERRITORIES

Present Situation

The New Territories, which constitute about seven-

eighths of the land area of the colony of Hong Kong, are

1.

held under an international lease granted by the Convention

of 1898 (regarded by the PRC as an 'unequal treaty') which

is due to expire on 30 June 1997.

2.

?

The Hong Kong Government has always taken the view

that it cannot grant leases of Crown land in the New

Territories beyond 30 June 1997. As this date approaches,

this inhibition is causing increasing embarrassment since

the New Territories are an important area of commercial

development.

3.

(a)

The inhibition rests on three propositions:

the jurisdiction of the UK in the New

Territories is insufficient under international

law to allow the UK to grant leases running

beyond 30 June 1997;

(b)

it would be politically objectionable to the

PRC for such leases to be granted by the

British administration in Hong Kong;

/ (c)

SECRET

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