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Mr McLaren
aren
HONG KONG: NEW TERRITORIES LEASES
HKK 040/1
RELEIVED IN REG.STAY NO. 51
· 4 DEC1978
DESK OF ACER
INDEX
No bat
PA
RELRY
Action Ten
CLE
1. With reference to our conversation on 23 November and FCO tel No 887 of 24 November, I now attach a revised draft of the Order intended to reflect the views you expressed in the telegram.
2. If this meets with your requirements (and I am of course ready to adjust the text if you think it desirable) care to send the draft to the Governor for comment.
you may
3. This Order purports to enable the Governor to grant leases "for so long as the Crown shall occupy the New Territories" without specifying a term. He can already achieve the same result by granting a long term of years "for so long as the Crown shall occupy the New Territories".
4. Since there is no legal necessity for the Order, I think Ministers will wish to be satisfied that it is politically necessary and that the Hong Kong Government could not manage just as well by granting leases for say 99 years for so long as the Crown shall occupy the New Territories, a technical device the effect of which could as easily be explained and justified to the Chinese authorities and the Hong Kong public as the Order in Council.
A.R.R.
A R Rushford
Deputy Legal Adviser
28 November 1978
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