TNAG-0849-FCO40-1059-Future-of-Hong-Kong-New-Territories-leases-1979 — Page 62

Mr McLaren

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HONG KONG: NEW TERRITORIES LEASES

Reference.

Никоно

RECEIVED IN REGISTEM NO. 51

P JUN 1979

DESK OFFICER

INDEX

RY

PA

Action

по

1837

1.

We spoke a few moments ago.

109

8if

{{

2.

The formula in para 1 of telno 547 appears simply to enjoin the Governor to do what he can already do under the 1898 Order. The first part seems to be merely declaratory and one could not rely on the second part (beginning and the Governor) to create legislative and executive powers exercisable after July 1997 since it is likely to be construed merely as an indication that laws made and things done before July 1997 are capable of having effect after that date (which of course they are already). The wording therefore fails to achieve the object stated in para 2(ii) of telno 547. If that object is to be achieved, it is useless to rely on an ambiguous and obscure formula - plain language will have to be used.

3. You may care to incorporate para 2 above in your reply to Hong Kong telno 603.

22 May 1979

A.R.R.

AR Rushford

Deputy Legal Adviser

CODE 18-77

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