Mt.
CUTWARD
TELEIRAS
FROM THE SECRETARY OF STATE FOR THE COLONIES
95215/50/49
Cypher (0.T.P.)
TO HONG KONG (Sir A. Grantham)
Sent 4th June, 1949,
REPLY URGENTLY REQUIRED
No, 686 Restricted
QUARD
21.00 hrs,
See
(4)
13
$2
Your despatch No. 69 of 19th April.
Site for U.S. Consulate General in Hong Kong.
H... regard it as matter of importance to be in position to ratify the Convention (referred to in my circular Despatch No. 2 of 25th March) within next few months with as few exceptions Es possible in the Protocol of signature relating to Article 7(1).
Am advised that, while conditions cannot be
attached to freehold land to make them attach to the land - 1.e. to bind all evbsequent purchasers - there is no reason why you should not, 17 you think it necessary, aek United States Governmeut to agree that, if ever they dispose of the land they should offer it back to the Hong Kong Government.
Purther, Article 9(1) of the Convention reserves powers, if ever required, for the expropriation of the property for purposes of national defence or public utility.
3. In all the circumstances therefore I would like to notify Foreign Office, if you agree, that Hong Kong may be removed from list of exceptions in Protcool of signature,
Hy predecessor's instructions forbidding grant of land in fee simple may be modified to extent of permitting such grants to a foreign Government for Consular premises, provided there is in existence an agreement between that Government end His Majesty's Government for reciprocal concessions in this matter.
I should hope that a modification of my predecessor's instructions in such terms would be sufficiently exact and limited in scope to enable you to continue maintaining the general rule without embarrassment.
5. Will communicate separately about calculation of cost of conversion from leasehold to fee simple.
6. Should be most grateful for an early reply to
paragraph 3 above.
Copy sent to:-
Foreign office
Mr. A. A. Russell
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