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FM HONG KONG #30924Z MAY 79
TO PRIORITY FOREIGN AND COMMONWEALTH OFFICE
TELNO.517 OF 3 MAY,
INFO PRIORITY PEKING.
NEW TERRITORIES LEASES.
See (81A
106
75
PA
1. THIS TELEGRAM CONTAINS COMMENTS ON YOUR UNNUMBERED TELEGRAM OF 27PRIL SEMI-COLON M.F.T DISCUSSES THE TACTICS TO BE
FOLLOWED SEMI-COLON AND MY SECOND 1.F.T DISCUSSES THE SUBSTANCE
OF THE POSITION WE SHOULD ADOPT.
2. YOUR PARAS 1 AND 2. REWORDING OF CLAUSE 2 OF THE DRAFT ORDER-IN-COUNCIL: I AGREE TO DELETE "FOR SO LONG AS HER MAJESTY MIGHT ADMINISTER THESE TERRITORIES'' AND SUGGEST SUBSTITUTE ''INDEFINITELY'' (AS IN THE ORIGINAL RUSHFORD/HOBLEY DRAFT).
3. YOUR PARA.3. THOUGH A CHALLENGE IN THE COURTS MADE BEFORE 1997 MIGHT WELL FAIL, THE POST-1997 VALUE OF INDETERMINATE LEASES AND THE VALUE OF INVESTMENTS GENERALLY WOULD REMAIN IN DOUBT BECAUSE THEY CANNOT BE SEPARATED FROM EITHER THE POST-Q1997 POWERS OF THE ADMINISTRATION WHICH ISSUED THEM OR THE TYPE OF POST-1997 ADMINISTRATION TO BE EXPECTED.
4. NATURALLY CONFIDENCE IN THE LONG TERM DEPENDS ON AN ASSESSMENT OF CHINESE INTENTIONS. BUT THE VALUE OF CLAUSE 3 IS THAT COMBINED WITH CLAUSE 2 OF THE ORDER IT ELIMINATES ALL LEGAL IMPEDIMENT ON THE BRITISH SIDE TO THE CONTINUATION OF PROPERTY RIGHTS AND BRITISH ADMINISTRATION AFTER 1997. IN OTHER WORDS IT WOULD LEAVE THINGS UP TO THE CHINESE, SO THAT IF THEY WISHED TO DRIFT PAST 1997 THEY COULD DO SO WITHOUT FURTHER ACTION ON OUR PARTS OR THEIRS. WITHOUT CLAUSE 3 THE ACTION WOULD BE INCOMPLETE, AND A FURTHER STEP COVERING ADMINISTRATION WOULD BE NECESSARY LATER ON. THIS MIGHT HAVE TO BE AT A TIME WHEN THE CONJUNCTURE OF CHINESE PERSONALITIES AND CHINESE ECONOMIC NEEDS MIGHT BE LESS FAVOURABLE. FURTHERMORE IF TACKLED ALONE IT WOULD BE MORE LIKELY TO PRECIPITATE A GENERAL
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INEGOTIAMON
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