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NINETEENTH CENTURY: THE TREATY OF NANKING, SIGNED IN 1842 AND
RATIFIED IN 1843 UNDER WHICH HONG KONG ISLAND WAS CEDED IN
PERPETUITY: THE CONVENTION OF PEKING IN 1860 UNDER WHICH THE
SOUTHERN PART OF THE KOWLOON PENINSULA AND STONECUTTERS ISLAND WERE
CEDED IN PERPETUITY: AND THE CONVENTION OF 1898 UNDER WHICH THE NEW
TERRITORIES (COMPRISING 92 PERCENT OF THE TOTAL SURFACE AREA OF
THE TERRITORY) WERE LEASED TO BRITAIN FOR 99 YEARS FROM 1 JULY.
1898. IT WAS THE FACT THAT THE NEW TERRITORIES ARE SUBJECT TO A
LEASE WITH A FIXED EXPIRY DATE WHICH LAY BEHIND THE DECISION BY
HER MAJESTY'S GOVERNMENT TO SEEK TO ENTER NEGOTIATIONS WITH THE
GOVERNMENT OF THE PEOPLE'S REPUBLIC OF CHINA (REFERRED TO
HEREAFTER AS 'THE CHINESE GOVERNMENT') ON HONG KONG'S FUTURE.
4.
THE ATTITUDE OF THE CHINESE GOVERNMENT TOWARDS HONG KONG AT
THE TIME WHEN THE NEGOTIATIONS BEGAN WAS CLEAR: IT WAS THAT HONG
KONG AND MACAU BELONGED TO THE CATEGORY OF UNEQUAL TREATIES LEFT
OVER BY HISTORY: THAT THEY SHOULD BE SETTLED PEACEFULLY THROUGH
NEGOTIATIONS WHEN CONDITIONS WERE RIPE: AND THAT PENDING A
SETTLEMENT THE STATUS QUO SHOULD BE MAINTAINED. THE CHINESE
GOVERNMENT MADE ITS VIEW OF HONG KONG'S STATUS CLEAR IN A LETTER
TO THE UN SPECIAL COMMITTEE ON DECOLONISATION IN MARCH 1972.
THIS ARGUED THAT THE QUESTION OF HONG KONG WAS A MATTER OF
CHINA'S SOVEREIGN RIGHT AND DID NOT FALL WITHIN THE ORDINARY
CATEGORY OF COLONIAL TREATIES AND SHOULD NOT BE INCLUDED IN THE
LIST OF TERRITORIES COVERED BY THE DECLARATION ON THE GRANTING OF
INDEPENDENCE TO COLONIAL COUNTRIES AND PEOPLES.
THE BACKGROUND TO THE NEGOTIATIONS
5. IN THE LATE 1970'S, AS THE PERIOD BEFORE THE TERMINATION OF
THE NEW TERRITORIES LEASE CONTINUED TO SHORTEN, CONCERN ABOUT THE
FUTURE OF HONG KONG BEGAN TO BE EXPRESSED BOTH IN THE TERRITORY
ITSELF AND AMONG FOREIGN INVESTORS. IN PARTICULAR THERE WAS
INCREASING REALISATION OF THE PROBLEM FACED BY INDIVIDUAL LAND
LEASES GRANTED IN THE NEW TERRITORIES, ALL OF WHICH ARE SET TO
EXPIRE 3 DAYS BEFORE THE EXPIRY OF THE NEW TERRITORIES LEASE IN
1997. THE STEADILY SHORTENING SPAN OF THESE LEASES AND THE
INABILITY OF THE HONG KONG GOVERNMENT TO GRANT NEW ONES EXTENDING
BEYOND 1997, WOULD BE LIKELY TO DETER INVESTMENT AND DAMAGE
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