TNAG-0849-FCO40-1059-Future-of-Hong-Kong-New-Territories-leases-1979 — Page 161

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

12.

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Conceptually, so do I :

Leaves

muertos 6 winke

5.

il skui

M

com millet

vadgewen on bases of the princios "'expectationi

I take PA's point at para. 9 but personally have a liking for alternative 7(a) particularly if this were combined with other measures, such as, say, the Bank of China granting a 30 year loan/mortgage for some investors in property (this possibility was mentioned some time ago by Fei Yi Ming). Additionally, and if my memory serves me right, alternative 7(a) would not be all that different from the Macao position (where land is sold freehold): admittedly different circumstances, but there is some value in following a precedent which is long established. A different situation, true, but at this stage we are

still talking about a "first step".

ле

(Jack Cater)

C S 24.4.79

K

A. G. P. A.

C.S.

1..

These minutes' are most helpful.

Subject

to the further views of the AG my feeling is:-

a)

b)

c)

If the Embassy consider that Deng's remark about so long as British

Administration continues" may be disregarded we then have an option on going ahead as in the draft at flag B.

If the Embassy advises that we must make a concession to Deng's comment, my preference would be for PA's paragraph 7(a), ie that we would revert to the Rushford formula at (24) namely

TI

without

specifying any term of the duration of the leases, which shall accordingly continue in force indefinitely unless it is terminated or forfeited in accordance with the terms and conditions thereto or in provision of law applicable thereto".

If the formula in (b) is adopted the question arises whether to delete the phrase "for so long as Her Majesty administers those territories from

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