157
MG de winton Esq CBE MO Attorney-General's Chambers Law Officers' Department Royal Courts of Justice London WC2
My
160A
Foreign and Commonwealth Office
London SW1A 2AH
23 July 1979
HACK OUTO!!
RECETAS IR A
DSK ING ☛
dear Michael
Hương xÙNG: NEW TERRITORIES LEASES
1.
2 6 JUL 1979
No! Plaz
Thank you for your letter of 19 July about the draft Order in Council on this subject. we are grateful to the Attorney for seeing the Governor, especially at such short notice, and for your promptness in writing after the meeting.
2.
we now propose to await Chinese reactions to the further approach which has been made to them by AM Ambassador in Peking. Ca the Secretary of State's instructions, this approach included al Indication that action on the lines of Clause 3 would be taken here.
ie
3. we note the Attorney's understanding that Sir Murray Macienose agreed at the meeting on 18 July that misleading conclusions cou.a be drawn as to the implications of Clause 3. With respect, we do not think that the Governor intended to give this impression. acknowledged that what he had in mind was unusual, and might seen odd at first sight, but he did not accept that it could reasonDly be held to be misleading. He explained that we would say in public that the Chinese had been informed of our intentions and had not objected (without Chinese acquiescence there could be no question of going ahead). we would also make it quite clear that Cl.5¢ was purely permissive, and was not intended to prejudice what particular course of action with regard to the future of Hong Kon might be pursued by the present or a future Chinese Government.
4.
when we have the Chinese reactions, we snall consider what advice to give the Secretary of State in the light of the Attorney's views and I will let you know the outcome.
Yours
SECRET
Sver
Anemy Rushford Antony
A R Rushford
Deputy Legal Adviser
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