TNAG-0848-FCO40-1058-Future-of-Hong-Kong-New-Territories-leases-1979 — Page 159

SECRAT

GR 375

SECRET

FM HONG KONG Ø61832Z FEB 79.

ar kestijon, kabar

Hkk Owoll

HICK

14

TO PRIORITY FOREIGN AND COMMONWEALTH OFFICE

TELNO.212 OF 6 FEBRUARY,

ль

213.4

See

16

INFO PRIORITY PEKING.

(3

YOUR TELNO.105 : NEW TERRITORIES LEASES.

1. I THINK YOUR PROPOSED AMENDMENTS ARE A GREAT IMPROVEMENT.

2. UNFORTUNATELY THERE IS STILL ONE POINT WHICH IS UNCLEAR AND

COULD LEAD TO CONFUSION. THE RE-DRAFT OF THE SAVING PROVISION

IN YOUR PARAGRAPH 2 BASES CONTINUED JURISDICTION AFTER 1997 ON

THE PROVISIONS OF THE 1898 ORDER. HOWEVER

HOWEVER, THE 1898 ORDER

SPECIFICALLY PROVIDES FOR THE GOVERNMENT OF THE NEW TERRITORIES

ONLY 'DURING THE CONTINUANCE OF THE SAID LEASE''. MY LEGAL

ADVISERS MAINTAIN THAT THE INCLUSION OF AND ACCORDINGLY'' IN THE WORDING OF (A) IN YOUR PARAGRAPH 2 CAN BE READ AS BEING A PROVISION FOR SHORTENING THE PERIOD OF ADMINISTRATION, NOT FOR PROLONGING IT BEYOND THE PROVISIONS OF THE 1898 ORDER (1.E.

BEYOND 1997).

粱

3. I AM BOUND TO AGREE THAT THIS IS THE COMMONSENSE INTERPRETATION, 1 THEREFORE SUGGEST REPLACE AND ACCORDINGLY' WITH ''FURTHERMORE THAT SECTION WOULD THEN READ: ''...... MADE IN RESPECT OF THE NEW

TERRITORIES ON 28 NOVEMBER 1898. FURTHERMORE.....

3. I HAVE TWO POINTS ON SAVING CLAUSE (A);

(1) THE PURPOSE OF THE PASSAGE QUOTED IN YOUR PARA.3 WAS TO

PROVIDE FOR THE LEGALITY OF ADMINISTRATIVE AS WELL AS STATUTORY

ACTION. HOWEVER, ON REFLECTION IT MAY BE A LITTLE OVERDONE, AND I ALSO WONDER IF

MANNER AS AT PRESENT' MIGHT NOT BE QUOTED AGAINST US IF MAJOR ADMINISTRATIVE

CHANGES WERE INTRODUCED,

IN THE SAME

SECRET

/ (1) / DO NOT