circumstances prepared to give back Hong Kong to
China.
The
Sent from Lac
Amin telegram/contained a delicately worded
I am erdeavouring
reference to the Tew "erritories.
to trace these papers, and will then submit a draft
Memorandum for Foreign Office concurrence.
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purely political but if on
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able to elicit strong opinions
on the necessity for the retention JH: N.T.
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not adopt
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porforsch eventually to return thi N. T.
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2/7
1062/4
Wilkout
The New
The all
afree
that Hongkong
Territories is unthinkable.
It is difficult to
be quite so sure
what the position will be in
Hongkong
by years hances.
A former governor
wood to say
Save
50 years more (tare!
he
I think the first thing to do is
to explore the legal position thoroughly
Whether it could not be held to justify form of renewable leaves.
We must not maks
The W. H. W. mistake of purporting to six
Page
9
freehold tiltes,
unknown
a tenure, in Chince law, Chinceton, lawyers,
fut, oubject to the F.O. & C.o.
I am not sure that some form of
vous
renewable bam could not be worked
Page
out.
G.G.
3.228
Bir J. Risley.
may have your vienas
bout the leaves?
7.7.78.
8.H6.
Sir S. Wilson.
I do not see what advantage there
would be in renewable leases in the present
connection. An ordinary renewable lease
of land in the New Territories for, e.g., 50
years containing a covenant by the Hong Kong
Government as lessor to renew on the same
terms at its expiration if called on to do
so by the lessee, would be open to the same
legal objection as a lease for 75 years,
it would purport to enure for a term longer
than the lessor has power to grant. If a
lease merely contained the provision that at
its expiration it would be renewable on such
terms and for such a period as might be agreed
between the lessor and the lessee, the latter
would
age 9
age 9
Page
Page
10
Jagree there is a lat
see that
er this
This is eas
I do we myt ул
m
would have no security of renewal and the
prospective tenant would turn down the proposal.
From the merely legal point of view
of course the correct procedure would be to
issue leases for the unexpired period of the
Head-lease from China.
It would seem, however,
that any
change in the nature of the leases which have
hitherto been granted in respect of land in
the New Territories would very soon become known
and arouse enquiry as to the intentions of the
Government; and from the political point of
view it might, so far as intending lessees are
concerned, be better to stick to the present
kind of lease for 75 years. On the other hand
if leases for 75 years continue to be granted
China will sooner or later wake up and ask our
intentions. There is a further possibility,
moreover, that any prospective tenant might
at any moment raise the question of the future
fate of the New Territories by taking the point
that the Government has no power to grant a
lease for more than 69 years, or whatever may
at the time be the unexpired period of the
Head-lease from China. In this event the
negotiations would probably break down, although
the prospective tenant might perhaps be satisfied
with an official assurance that if the New
Territories are given back to China in 1997
(or earlier), His Majesty will only surrender
them on conditions which will strictly safeguard
the rights of all lessees according to the
terms of the leases then in force. Such an
assurance, if given, would on becoming known
produce a pretty controversy with China.
Of
ge 10
ge 10Page 11
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