TNAG-0370-FCO40-416-Visit-of-Edward-Heath--UK-Prime-Minister--to-Hong-Kong--12-1-1973 — Page 20

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ANNEX

CONSTITUTIONAL

1.

Hong Kong is a Crown Colony consisting of:

(a) Hong Kong island (29 sq miles), ceded by

China to Britain in perpetuity by the Treaty

of Nanking in 1842;

(b) The Kowloon Peninsula (3 sq miles), with

certain small islands, similarly ceded under

the Convention of Peking in 1860;

(c) The New Territories (370 sq miles), leased by

China to Britain in 1898 for 99 years.

The Chinese Government, however, regard these agreements as

"unequal treaties" imposed in the 19th century by an Imperial

Government on a weak and divided China and not binding on them.

They maintain that Hong Kong remains an integral part of China.

2. In accordance with powers vested in him by the Letters Patent

and Royal Instructions, the Governor administers the Colony with

the assistance of the Executive Council and the Legislative

Council. The Governor is required to consult with the Executive

Council save where matters are unimportant or too urgent. le

may act contrary to their advice but must report any such cases

to the Secretary of State. Executive Council consists of 5

ex-Officio, 1 Official and 8 nominated Unofficial Members.

3. The Legislative Council consists of 4 ex-Officio, 10 Official

and 15 nominated Unofficial Members. The power to legislate rests

with the Governor "by and with the advice and consent of the

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/Legislative