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47
ركة
(a) The Hong Kong Government would be saved from the
embarrassment of inquiries which might be
prompted by the form of lease recommended above,
and the danger of even verbal replies to such
inquiries would be avoided.
This proposal was rejected for the following reasons :
(1) The proposal would involve an admission in a
formal document that doubt exists as to whether
the Convention enables the Hong Kong Government
to grant leases extending beyond the period
contemplated by the Convention.
(2) It would also involve a dangerous admission in a
formal document that renewal of the lease of the
New Territories is doubtful.
The renewal is
of course an open question but is seems desirable
to avoid any formal admission that it is so.
(3) It is true that the lessee would be given a
conditional right to renewal, but he would not for
many years to come be able to estimate in any way
the probability of the condition being fulfilled,
and the certain rights which he would receive
would be no greater than those which he would
receive under the proposal recommended above.
(4) The intending lessee would be just as likely to
make inquiries from the Government as to the prob-
ability of the condition being fulfilled as he
would be to make inquiries with regard to the prob-
ability of security of tenure during the "over-
lapping" portion of the term granted under the
scheme recommended.
(Signed) J.H. Kemp, Attorney General.
(Signed) Philip Jacks,
Land Officer.
(Signed) F. Eaves, Assistant Land Officer.