CO129-513-4 Land leases in the new territories 8-11-1928 - 29-7-1929 — Page 47

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(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.