TNAG-0849-FCO40-1059-Future-of-Hong-Kong-New-Territories-leases-1979 — Page 171

SECRET

FIRST DRAFT (19 UCTOBER 1978)

Whereas the Governor of the Colony of Hong Kong has from time

to time granted certain leases of Crown land in the Colony

expiring in June 1997:

And whereas it is expedient to authorize the Governor

to grant indeterminate leases and to convert existing leases

into indeterminate leases:

Now, therefore, Her Majesty, by virtue and in exercise of

the powers in that behalf in Her Majesty vested, is pleased,

by and with the advice of the Frivy Council, to order, and

it is hereby ordered, as follows:

Citation and interpretation:

1 -(1) This Order may be cited as the Hong Kong (Indeterminate

Leases) Order 1979

(2) The Interpretation Act 1978 shall apply, with the

necessary adaptations, for the purpose of interpreting this

Order and otherwise in relation thereto as it applies for the

purpose of interpreting and in relation to Acts of Parliament.

Power to grant indeterminate leases

2. The Governor, acting in pursuance of Article XIII of the

Hong Kong Letters Patent 1917, as amended by the Hong Kong

Letters Patent 1960, may, if he shall think fit and notwithstanding

any rule of law to the contrary, grant a lease of any land

within the Colony, being land that may be lawfully granted or

disposed of by Her Majesty, without specifying any term for

the duration of the lease, which shall accordingly continue in

force indefinitely unless it is determined or forfeited in

accordance with the terms and conditions thereof or any provision

of law applicable thereto.

Variation of existing leases

13. There

DECRET