TNAG-0849-FCO40-1059-Future-of-Hong-Kong-New-Territories-leases-1979 — Page 9

مالايادي

HONG KONG

NEW TERRITORIES

PREROGATIVE POWER TO LEGISLATE IN ADVANCE

1.

Where the Crown acquires territory by cession or conquest,

Her Majesty has power by Order in Council to make laws for the

peace, order and good government of that territory under the

Royal prerogative. The power is not only a general legislative

power but also a constituent power.

Section 1 of the Foreign

2. At common law the Crown also had power to exercise jurisdic-

tion acquired outside British territory.

Jurisdiction Act 1890 now provides that Her Majesty may exercise

her jurisdiction in a foreign country in as full and as ample a

manner as if that jurisdiction had been acquired by cession or

conquest of territory.

3.

Provision for the government of Hong Kong has been made

under the Royal prerogative, the current instruments being the

Hong Kong Letters Patent 1917 to 1976.

4.

Provision for the government of the New Territories as part

of Hong Kong has been made under the Royal prerogative by the

Order of 20 October 1898 for the term of 99 years referred to in

the Convention of 9 June 1898.

5. Had those concerned been so minded, it would have been

possible to have drafted the 1898 Order, without referring to the

term of 99 years, in such a way that it purported to have effect

indefinitely. Likewise, it would be possible to amend the Order

today so as to give it indefinite effect or to revoke it and

insert some provision in the Hong Kong Letters Patent giving them

effect in the New Territories.

16. The

1

SECRET