97
SEORET
GR 285
CYPHER/CAT A
FM HONG KONG 191025Z
SECRET
AKK 040/1
RECEIVED
REGISY NO. 51
FF 1978
DEAK OFFICER
INDEX
No
PA
REGISTRY Action Taken
Sed 102) sedilo
TO ROUTINE PEKING TELNO.137 CF 19 SEPTEMBER 78,
INFO F.C.0 (FOR MCLAREN, H.K.G.D).
FROM ACTING POLITICAL ADVISER.
NEW TERRITORIES LEASE.
COPY
قاس
See wate
98
Jou
For Rushford!
مه
1. PLEASE REFER TO MCLAREN'S LETTER TO THE GOVERNOR HKK 040/1 OF
8 SEPTEMBER.
2. TO MINIMISE LEGAL WORK WE SHOULD LIKE TO ELIMINATE ANY OPTIONS WE PRESUME ANY IN PARA.5 OF REF LETTER WHICH ARE NON-STARTERS. FIXED-TERM SOLUTION (1.E. SUB-PARAS. (A), (B) AND (C) ) IS OUT FOR THE REASONS GIVEN IN PARA.6., BUT GRATEFUL FOR YOUR VIEWS, PARTICULARLY ON THE ACCEPTABILITY TO THE CHINESE OF THE SOLUTION AT PARA.5(C). EVEN WITH THE QUALIFYING CLAUSE WE BELIEVE THE CHINESE WOULD REGARD ANY FIXED-TERM SOLUTION AS IMPLYING THEIR ACQUIESCENCE IN AN EXTENSION OF THE LEASE. WE SHOULD NOT WISH TO
RULE OUT SUCH A SOLUTION, BUT WOULD ONLY SEE IT AS RESULTING FROM SUBSTANTIVE NEGOTIATIONS WITH CHINA RATHER THAM FROM OBTAINING CHINESE ACQUIESCENCE TO A UNILATERAL MOVE WHICH WAS DESIGNED TO SOLVE OUR IMMEDIATE PROBLEM WHILST LEAVING THEIR OWN OPTIONS OPEN,
3. IN CONSIDERING THE REMAINING SOLUTIONS PARA.5(D) AND (E) AND 'UNDETERMINED'' LEASES THERE IS AN ADDITIONAL POINT WHICH WE
SHOULD LIKE TO STRESS. ANY SOLUTION WHICH DOES NOT REQUIRE LEGISLATION (OR ORDER IN COUNCIL) IN THE U.K (E.G. PARA.5(D) ) SUFFERS FROM THE DISADVANTAGE THAT IT WOULD NOT SOLVE THE MORE GENERAL PROBLEM 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 HERE, AND YOU
SEORET
TWILL
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