TNAG-0848-FCO40-1058-Future-of-Hong-Kong-New-Territories-leases-1979 — Page 155

GRS 215

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FM HONG KONG 078950Z FEB 79

TO PRIORITY F C O

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TELEGRAM NUMBER 222 OF 7 FEBRUARY

INFO PRIORITY PEKING

No

YOUR TELNOS 115 AND 116: NEW TERRITORIES LEASES.

Joz

1, AGREE THAT THE REVERSION TO THE FORMULA ORIGINALLY PROPOSED IN ANNEX A OF MY LETTER OF 21 DECEMBER NOW MAKES THE BEST SENSE. I HAVE NO QUARREL WITH THE WORDING FOR ACTICLES 2 AND 3 SUGGESTED IN YOUR TELNO 116. IT MIGHT BE ARGUED THAT THE WORDING ''THE GOVERNOR SHALL CONTINUE TO GOVERN'' IS ALSO A REPETITION. HOWEVER, SUBJECT TO CRADOCK'S VIEWS ABOUT THE ACCEPTABILITY OF THE WORD 'GOVERN, I DO NOT THINK THIS MATTERS.

2. THERE IS STILL ONE SUBSTANTIAL POINT WHICH COULD BE MISUNDERSTOOD. YOUR SUGGEST (PARA 2 OF YOUR TELNO 115) REFERRING TO THE 1898

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ORDER BY THE WORDING AND SHALL BE READ AS ONE WITH THAT ORDER. THE ILL-INTENTIONED MIGHT ARGUE THAT THIS WORDING LIMITED THE WHOLE OF THE NEW ORDER TO THE DURATION OF THE 1898 ORDEP,

3. TO AVOID POSSIBLE MISUNDERSTANDING: TO GET IN A REFERENCE TO THE 1898 ORDER: AND TO MAKE IT CLEAR THAT THE 1896 ORDER REMAINS VALID, I WOULD MUCH PREFER :

A. TO REVERT TO A SPECIFIC SAVING CLAUSE AS IN ARTICLE 4 OF ANNEX A OF MY LETTER OF 21 DECEMBER, AND

-B. TO OMIT ALL THE PASSAGE IN QUOTES IN PARA 2 OF YOUR TELNO 115.

MACLEHOSE

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!! Ky G-D FED

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MR MURRAY

MR RUSHFORD (LEGAL RDV:}

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