TNAG-0849-FCO40-1059-Future-of-Hong-Kong-New-Territories-leases-1979 — Page 76

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2

the same thing without actually mentioning British rule, then we

suggest substituting "for so long as this Order is in operation"

for the phrase quoted above.

3. Clause 3 is more problematical.

We have not been able to

The choice

devise an amendment that will deal effectively with the power to

legislate for and administer the New Territories after 1997 with-

out referring to continuing British administration.

therefore is between retaining this clause at the risk of provoking

Chinese objection, or omitting it at the risk of having your power

to legislate for the New Territories after 1997 challenged in the

Hong Kong courts. Given that we are advised that such a challenge

if made before 1997 would fail, and that the clause is unnecessary

in order to enable us to achieve our primary purpose of issuing

indeterminate leases, we suggest that in the new circumstances

this clause should be dropped altogether, leaving the question of

legislative and executive powers after June 1997 to be considered

in the light of contemporary circumstances when that date approaches.

OWEN

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