TNAG-0753-FCO40-957-Future-of-Hong-Kong-1978 — Page 101

101

HKK 040/1

Reference

RUSHFORD

Mr Rushford

NEW TERRITORIES LEASES

(GR)

G8

1.

COVERING SECRET

некаю

RECEIVED IN REGIO BY MO. 51

5

* OFFICER

INDEX

PA

REGIO LY Action Taken

You may have seen Hong Kong telnd to Teking seeking the Embassy's comments on my letter of 8 September to the Governor. Paragraph 3 of that telegram refers to the need for legislation (or Order in Council) in the UK to solve "the more general prob- lem of ensuring that the authority of the Governor to apply the laws of Hong Kong in the New Territories after 30 June 1997 would not be open to challenge in the Courts in Hong Kong?". I think your view was that there is no such problem since the United Kingdom possesses rights of sovereignty over the leased territories. It seems to me that it would be a pity to reject an otherwise promising solution to the problem of New Territories lease simply because it does not require UK legislation. Indeed, we had assumed that that would be an advantage.

CODE 18-77

20 September 1978

Revangen

R JT McLaren

Hong Kong and General Department

None of д

the

solut ins

んて

have

canvassed

идится

leges lat wi

ni

Mer

UK

Whittier

by

Ordu

Connal

Act

हरे

J

Parliament, i

my

ний

is

wrrect,

though

introduction of forms y

lase

unknown

COVERING SECRET