TNAG-0849-FCO40-1059-Future-of-Hong-Kong-New-Territories-leases-1979 — Page 25

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H** 040/1,

DIA

Foreign and Commonwealth Office

London SW1A 2AH

по

us 837

26 June 1979

MG de Winton Esq CBE MC Law Officer's Department Royal Courts of Justice Strand

My dear Michael

HONG KONG: NEW TERRITORIES

1.

1) In Mc Laren

2) Enter

Sed.130

Many thanks for your letter of 26 June reference 400/79/177. 2. Broadly speaking, the real property law of Hong Kong is I

- in particular the understand similar to the law of England grant of indeterminate leases would not be permissible unless the law is changed by statute. An English statute that made a change in this direction was the Validation of Leases Act 1944. The purpose of clause 2 of our draft Order (which would have statutory force) is to change the law so that indeterminate

Perhaps the words leases may be granted in the New Territories. "that may be granted by Her Majesty" are misleading and should come out.

3.

The purpose of clause 3 is to authorise the exercise of legislative and executive powers after 1 July 1997 but not to affect their exercise up to then.

We

4. I agree that clause 3 is somewhat circular in appearance, and perhaps a better word than "administers" can be found. discarded "possesses" as the Chinese might take exception to it, but "occupies" or "is responsible for the government of" might be an improvement.

However,

I had originally 5. I see that clause 4 may be faulty. intended it to continue in the same way as clause 3. it might be better simply to say that the provisions of this Order are without prejudice to the provisions of the 1898 Order.

6. I should be happy to prepare an amended text in consultation with you before you submit to the Attorney, but would need to clear it with our Hong Kong Department and the Governor.

Yours

over

Anting Rushford

A R Rushford

Deputy Legal Adviser

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