GR 565
SECRET
SECRET
FCO 241945Z NOV 79
10 PRIORITY HONG KONG
TELEGRAM NUMBER 837 OF 24 NOVEMBER
INFO PRIORITY PEKING
FOR GOVERNOR
YOUR TELNO 1310: NEW TERRITORIES LEASES
HKK 040/1.
DE K
INDEX
3 0 NOV 1973
PA
125
ΑΣ
115
1. WE AGREE GENERALLY WITH YOUR LETTER OF 24 OCTOBER AND ACCEPT
THAT THERE IS A STRONG POLITICAL CASE FOR AN ORDER IN COUNCIL
TO PROVIDE BACKING FOR LEGISLATION IN HONG KONG, IF THERE IS TO
BE AN ORDER IN COUNCIL WE THINK THAT THIS SHOULD PRECEDE ACTION IN HONG KONG (PARAGRAPH 9 OF YOUR LETTER),
2. YOU MAY NOW HAVE SEEN THE REVISED DRAFT ORDER IN COUNCIL WORKED OUT BY RUSHFORD AND HOBLEY WHILE THE LATTER WAS HERE LAST WEEK.
A COPY WAS ENCLOSED WITH RUSHFORD'S LETTER TO HOBLEY OF 21 NOVEMBER.
YOU WILL SEE THAT IT DIFFERS FROM THE DRAFT ENCLOSED WITH YOUR
LETTER IN A NUMBER OF RESPECTS, INCLUDING THE FOLLOWING:
(A) IT COVERS LAND LEASES IN THE COLONY GENERALLY, NOT JUST
NEW TERRITORIES LEASES:
(B) IT PROVIDES FOR INDETERMINATE LEASES WITHOUT THE QUALIFICATION
QUOTE FOR SO LONG AS THE CROWN ADMINISTERS THE TERRITORIES UNQUOTE:
(C) IT REFERS IN THREE PLACES TO THE DATE JUNE 1997:
(D) IT COVERS YOUR POINT ABOUT THE RIGHT TO EXERCISE GENERAL
JURISDICTION BY MEANS OF A SAVING PROVISION RATHER THAN AN OPERATIVE
CLAUSE,
3. IT WOULD BE USEFUL TO HAVE YOUR COMMENTS ON THIS DRAFT, PARTICULARLY ON WHETHER THE QUOTE SAVING PROVISION UNQUOTE METHOD OF DEALING WITH THE JURISDICTION QUESTION, AND THE WORDING PROPOSED ARE SATISFACTORY FROM YOUR POINT OF VIEW. WE ARE INCLINED
TO PREFER THIS APPROACH. OUR PRESENT THINKING ON OTHER POINTS
IN THE DRAFT IS:
SECRET
/(A) IT IS
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