TNAG-0848-FCO40-1058-Future-of-Hong-Kong-New-Territories-leases-1979 — Page 161

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TO PRIORITY HONG KONG TELNO 105 OF 5/2/79

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YOUR TELEGRAMS NOS 204 AND 205: NEW TERRITORIES LEASES 1. WE AGREE TO THE SUBSTITUTION OF ADMINISTER' FOR 'POSSESS'' IN ARTICLE 2 (ALTERNATIVE B) OF THE TEXT IN MY TELEGRAM NO 98. 2. ARTICLE 3 OF THAT TEXT WAS INTENDED TO PROVIDE FOR CONTINUING JURISDICTION AFTER 1997. WE STILL THINK THAT THIS SHOULD BE DEALT WITH IN A SAVING PROVISION, HOWEVER, TO MEET YOUR POINT WE ARE READY TO ADOPT THE WORDING IN PARAGRAPH 3 OF ANNEX A TO YOUR LETTER OF 21 DECEMBER, AMENDED TO TAKE ACCOUNT OF THE DIFFERENT CONTEXT THE TEXT OF ARTICLE 3 WOULD THEN READ AS FOLLOWS:

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**NOTHING IN THIS ORDER SHALL IN ANY WAY AFFECT THE OPERATION OF THE ORDER OF HER MAJESTY IN COUNCIL MADE IN RESPECT OF THE NEW TERRITORIES ON 28 NOVEMBER 1898, AND ACCORDINGLY :

A) THE GOVERNOR OF HONG KONG, WITH THE ADVICE AND CONSENT OF THE LEGISLATIVE COUNCIL, SHALL CONTINUE TO BE COMPETENT TO MAKE LAVS FOR THE PEACE, ORDER AND GOOD GOVERNMENT OF THE NEW TERRITORIES, AND THOSE TERRITORIES SHALL CONTINUE TO BE ADMINISTERED IN THE GAME AND AS AMPLE A MANNER AS AT PRESENT, FOR SO LONG AS HER MAJESTY ADMINISTERS THOSE TERRITORIES3 AND IN PARTICULAR

5 ANY LAW MADE BY VIRTUE OF THAT ORDER MAY INCLUDE PROVISION FOR THE CONVERSION OF EXISTING LAWS GRANTED BY THE GOVERNOR INTO INDETERMINATE LEASES',

3. IN (A) OF THIS TEXT THE PHRASE AND THOSE TERRITORIES SHALL CONTINUE TO BE ADMINISTERED IN THE SAME AND AS AMPLE A MANNNER

AS AT PRESENT' IS STRICTLY SPEAKING UNNECESSARY, AND FOR THE SAKE OF SIMPLICITY YOU MAY PREFER TO OMIT IT. WE HAVE NO STRONG VIEWS.

OWEN.

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HKIGD

FED

MR MURRAY

MIL RUSHFORD (LEGAL ADVISERS)

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