TNAG-0849-FCO40-1059-Future-of-Hong-Kong-New-Territories-leases-1979 — Page 181

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SAVING TELEGRAM

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INDEX

30 APRI979

No 730.4 f

2C

HONG KONG

TEL NO 34 SAVING

OF 27 APRIL 1979

INFO SAVING TO PEKING For Governor

61

YOUR LETTER OF 10 APRIL:

NEW TERRITORIES LEASES

71

ken

1. We have now taken advice on possible rewording of the proposed

Crder in Council. It has of course been agreed all along that any

formulation we use must be consistent with the Chinese view on the

future of Hong Kong. Our understanding of that view has been

changed by Deng's revelation that he envisages a scenario under

which Hong Kong would come under Chinese sovereignty while con-

tinuing to function much as at present. As you point out, there

are considerable problems to be overcome before such a scenario

could be workable. Nonetheless we should try to devise a wording

for the new leases that would enable them to continue in force in

the event that such a change does take place.

2. The simplest solution would be to omit the phrase "for so long

as Her Majesty might administer these territories" from Clause 2.

This phrase was originally included to reassure the Chinese that we

do not assume that British rule in Hong Kong would continue for ever.

Its omission does not weaken the legal validity of the clause. But

if you feel it necessary to include some wording that in effect meant

/the

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