TNAG-0848-FCO40-1058-Future-of-Hong-Kong-New-Territories-leases-1979 — Page 157

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10 PRIORITY HONG KONG

SEORET

TELEGRAM NUMBER 115 OF 6 FEBRUARY

INFO PRIORITY PEKING

FROM MCLAREN

YOUR TELEGRAM 212: NEW TERRITORIES LEASES

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1. ON FURTHER REFLECTION THE DEPARTMENTAL LEGAL ADVISER ACCEPTS THAT THERE IS A RISK THAT THE PROVISIONS OF THE 1898 ORDER HIGHT PE HELD TO EX-IRE IN 1997. HE THEREFORE AGREES THAT QUOTE AND ACCORDINGLY UNQUOTE WOULD NOT BE APPROPRIATE IN THE TEXT OF ARTICLE 3. HOWE.ER, THE USE OF QUOTE FURTHERMORE UNQUOTE (INDICATING SOMETHING ADDITIONAL) WOULD READ ODDLY IN A SAVING PROVISION, WE SUGGEST THAT IT WOULD BE BEST TO GO BACK TO YOUR ORIGINAL PROPOSAL TO PROVIDE FOR CONTINUED JURISDICTION AFTER 1997 IN A SEPARATE ARTICLE.

2. THE PROVISION FOR THE CONVERSION OF EXISTING LEASES WOULD THEN BE BETTER PLACED IN ARTICLE 2 AND THERE WOULD BE NO NEED FOR A SAVING PROVISION AT ALL. SINCE THERE WOULD OTHERWISE BE NO REFERENCE.

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TO THE 1893 ORDER WE SUGGEST THAT THE FOLLOWING BE ADDED AT THE END OF ARTICLE 1 (1) : QUOTE AND SHALL DE READ AS ONE WITH THE ORDER OF HER MAJESTY IN COUNCIL MADE IN RESPECT OF THE NEW TERRITORIES ON 20TH NOVEMBER 1898 UNQUOTE

3. ON A MINOR DRAFTING POINT, THE SUGGESTED TEXT IN PARAGRAPH 4 OF YOUR TELEGRAM UNDER REFERENCE USES THE WORD QUOTE ADMINISTER UNQUOTE TWICE. WE SUGGEST QUOTE CONTINUE TO GOVERN THE SAME, FOR SO LONG AS HER MAJESTY ADMINISTERS THOSE TERRITORIES UNQUOTE, 4. MIFT CONTAINS, FOR CONVENIENCE, THE TEXTS OF ARTICLES 2 AND 3 REVISED ON THE ABOVE LINES.

5. 1 AM SORRY TO SUGGEST FAIRLY SUBSTANTIAL CHANGES AT THIS LATE STAGE, BUT I HOPE YOU WILL AGREE THAT REVERSION TO THE FORMAT IN ANNEX A TO YOUR LETTER OF 21 DECEMBER FOLLOWS LOGICALLY

FROM OUR ACCEPTANCE OF THE ARGUMENT IN PARAGRAPH 2 OF YOUR TELEGRAM UNDER REFERENCE

OWEN FILES

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HR HURRAY

MR RUSH FOR D

(LEGAL ADV)"

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