11
Room K190
Foreign and Commonwealth Office
London SW1A 2AH
GH Beetham Esq Legal Adviser
Department of Transport 2 Marsham Street
London SW1P 3EB
Telephone 01-233 4043
Your reference
L.4232A
Our reference
Date
18 February 1986
Dan Beetham,
HONG KONG : MASS TRANSIT RAILWAY
1.
I apologise for the delay in replying to your letters of
2 December 1985 and 28 January 1986 to Paul Fifoot. We do not know for certain whether the Government of the Hong Kong Special Administrative Region (SAR), which will come into being on
1 July 1997, will consider that this kind of agreement continues in force, or whether it will take the view that the agreement ceased when the Government of Hong Kong (i.e. of the Colony) disappears on 30 June 1997. While in general it would be our view that the Government of the Hong Kong SAR should succeed to the rights and obligations of the Government of Hong Kong, at least in the sphere of private contracts, the kind of agreement you have in mind might well not continue beyond 30 June 1997. If certainty is required it would be necessary to discuss the matter with the Chinese at a suitable stage. However, you would not seem to need a definitive answer before concluding the agreement in question.
2.
Provided that the words "the Crown Colony of" in paragraph 9 of the agreement are omitted, the text of the agreement would appear to be neutral on the question of its continuance after June 1997.
Your sincvely,
Michael C. wood
M C Wood
Legal Adviser
нии 17311
RECEIVED IN PEGISTRY
DES
INDSA
2 5 APR 1986
PA
ctor Teken
12/19/2