XM (85) 2

14

XA5

IMPLEMENTATION OF ANNEX III TO THE DRAFT AGREEMENT - MEMORANDUM XCX (85)1

With regard

Members noted that,

confidence, it was

to

to paragraph 5 of the memorandum,

from the point of view of business

important that the Bill should be

published as soon as possible. The Governor said that

the Bil1 would need to be explained to, and cleared

with, the Chinese before publication.

2.

The Attorney General pointed out that

paragraphs 17 and 42 (d) did not cover land leases

decided on, rather than granted, before entry into force

of the Agreement. Mr J.R. Todd confirmed that such

leases could be covered and that there was no problem of

definition: auction sales were considered decided on at

the fall of the hammer; tender sales on award of the

tender; and modifications

and grants on acceptance of

terms.

(Mr Q.W. Lee left the meeting at this point.)

3.

The Attorney General was of the opinion that

the proposals at paragraphs 19 and 20 in respect of

leases for special purposes and royalty leases, although

sensible, were contrary to paragraph 3 of Annex III to

the Agreement. The provisions on rent applied to all

leases and the Land Commission had no right or power to

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