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if the Consulate-General were perceived as a focus for
local representations or a channel for mediation with the
Chinese Government over the day-to-day actions of the
local administration (rather as the NCNA is viewed in
some quarters now.)
9.
On balance this argues for a presence (and a
Consulate-General) in Hong Kong which is sizeable but not
too
too prominent.
Need for Consultation with the Chinese Government
10.
During the negotiations on the Joint Declaration
there was considerable discussion of the British presence
after 1997. The Chinese showed considerable sensitivity
in relation to this; this alone would argue the need for
consultation with them. But technical legal
Under the
considerations also necessitate consultation.
rules of international law relating to a transfer of
sovereignty over a territory, all rights in property in the territory which are enjoyed by the transferring State
pass to the successor State. Any property owned by HMG
will automatically become Chinese Government property
from 1 July 1997. And, although leases in Hong Kong
negotiated before 1997 will continue after the handover,
any lease interest enjoyed by a manifestation of the
British Crown (whether in right of Hong Kong or in right
of the United Kingdom) before 1997 will also pass
automatically to the Chinese.
We need, therefore, to
agree formally with the Chinese beforehand arrangements
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