TNAG-0752-FCO40-956-Future-of-Hong-Kong-1979 — Page 108

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

8.

a.

b.

c.

SECRET

If A leased land to B for ten years

what would happen if B leased it to

C for 12?

Answer: At Common Law a sub-lease

beyond the head lease term has

disastrous consequences for the land-

lord/tenant relationship.

Is it lawful to issue leases of

indeterminate length?

Answer: At Common Law a lease of

indeterminate length is not possible.

It could however be made possible by

legislation in Hong Kong, providing

this was first covered by a United

Kingdom Order in Council.

Would it be lawful for the Hong Kong

Government to extend leases, let alone

exercise jurisdiction, past the date

up to which the New Territories Lease

conferred sovereignty on the Crown?

Answer: This would only be lawful if

cover had first been provided by a

United Kingdom Order in Council. Such

an Order in Council would be lawful.

A note by the Solicitor-General on his opinion

of the law in these respects is attached (Appendix I).

9.

As an illustration of the kind of legislation

SECRET

- 3-

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