TNAG-0849-FCO40-1059-Future-of-Hong-Kong-New-Territories-leases-1979 — Page 11

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any international repercussions meanwhile if (as is intended) the

Chinese Government's consent or acquiescence were obtained before

it was made.

11. In practice no challenge to the vires of the Order could be

made in the municipal courts before 1 July 1997, by which date

the basis for any British occupation of the New Territories on and

after that date would have become clear and could be the subject

of a certificate from the executive if the courts desired one.

12. To sum up, it is submitted:-

i. that the making of provision for the government of the

New Territories after 1 June 1997 by Order in Council on a

contingent or hypothetical basis is intra vires and need not

be objected to on legal grounds

ii. in any case, the provision, which could have no effect in

municipal law before 1 July 1997, could not be challenged in

the municipal courts before that date, by which time the

basis for further British occupation would have been

definitely established.

Legal Advisers

Foreign and Commonwealth Office

2 July 1979

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