TNAG-0849-FCO40-1059-Future-of-Hong-Kong-New-Territories-leases-1979 — Page 158

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constitute a complete bar to the wording we had previously decided but it does make it necessary to see whether any alternatives can be found.

Alternative wording of the draft Order in Council

6.

There are two clauses which at present refer, in some form, to continuing British administration: clause 2(i) and clause 3. We also need to consider whether the saving clause (clause 4) might also be seen as offensive.

7.

Clause 2(i) is the nub of the whole Order. It cannot be dispensed with. The following are possible alternatives:

(a)

(b)

(c)

(a)

Delete "for so long as Her Majesty may administer those territories".

Advantages: offending words removed. Acceptable to the Chinese.

Disadvantages: Vague. Lawyers would not like it; foreign investors might also be doubtful. However, a similarly vague formulation was at one point suggested by Mr Rushford (24).

Use "as long as the New Territories retain their present status".

Advantage: Fits with the Chinese idea of a special status for Hong Kong.

Disadvantages: Vague and imprecise. Arguments likely in future about changes of status: e.g. post 1997 would be a changed status; so might different forms of administration.

Use "as long as Hong Kong retains its present status".

Advantage: Slightly less vague than referring to the status of the New Territories alone.

Disadvantages: as (b) above.

Arguments about

what is meant by Hong Kong's status and whether this includes the New Territories. Becomes inoperative if we ever agree to changes of ultimate sovereignty.

·

2.

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i

Use "as long as Hong Kong and the New Territories_7 retain their special status.

Advantage: Close to the Chinese position.

Disadvantages:

Vague, as (b) above. Endless

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/and....