TNAG-0849-FCO40-1059-Future-of-Hong-Kong-New-Territories-leases-1979 — Page 135

GRS 250

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81A

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FM HONG KONG 081055Z MAY 79

TO PRIORITY F C O

TELEGRAM NUMBER 547 OF 8 MAY

INFO PRIORITY PEKING

MY TELNO 517: NEW TERRITORIES LEASES.

1.0 MAY 1979

TOP COPY

REGIS no

165

-9 MAY 1979

FOLLOWING IS THE TEXT OF OUR SUGGESTED REWORDING OF THE

PRESENT CLAUSES 3 AND 4:

BEGINS:

ADMINISTRATION OF NEW TERRITORIES.

DURING THE CONTINUANCE IN FORCE OF THE ORDER IN COUNCIL DATED 20 OCTOBER 1898, THE GOVERNOR SHALL CONTINUE TO ADMINISTER THE NEW TERRITORIES, AND MAKE LAWS FOR THE PEACE, ORDER AND GOOD GOVERNMENT OF THOSE TERRITORIES, UNDER ITS PROVISIONS, AND THE GOVERNOR SHALL ALSO HAVE THE LIKE AUTHORITY TO ADMINISTER AND MAKE

LAWS FOR THE NEW TERRITORIES WITHOUT REGARD TO ANY PARTICULAR

DATE.

ENDS.

2. WE HAVE TRIED TO FIND WORDING WHICH :

(1) COVERS THE NEED TO ENSURE THAT THERE IS NO DOUBT ABOUT THE CONTINUATION IN FORCE OF THE 1899 ORDER UP TO 1997:

(11) PROVIDES THE LEGAL BACKING FOR THE GOVERNOR TO ADMINISTER THE NEW TERRITORIES AFTER 1997 (WITHOUT THE NEED FOR FURTHER LEGISLATION) PROVIDING POLITICAL CIRCUMSTANCES PERMIT: AND

111) IS AS UNOBJECTIONABLE AS POSSIBLE TO THE CHINESE.

3. I WOULD BE GRATEFUL FOR THE AMBASSADOR'S VIEWS ON THE LIKELY CHINESE REACTION TO SUCH A CLAUSE AND FOR THOSE OF THE FCO'S LEGAL

ADVISERS ON WHETHER IT IS ADEQUATE FOR THE PURPOSE REQUIRED.

MACLEHOSE

FILES

HK & GD (6)

LEGAL ADVISERS

FED

PS

PS/MR BLAKER

PS/PUS

SIR A DUFF MR CORTAZZI MR MURRAY

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