TNAG-0850-FCO40-1060-Future-of-Hong-Kong-New-Territories-leases-1979 — Page 189

GR 155

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FM HONG KONG 2909357 JUL 79

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HKCK aw/!..

2 0 JUL 1979

TO PRIORITY FOREIGN AND COMMONWEALTH OFFICE

TELNO.1034 OF 20 JULY,

мо

INFO PRIORITY PEKING,

14t6

Sae 168 168

156

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YOUR TELNO.539: NEW TERRITORIES LEASES.

1. WE WOULD PREFER TO RETAIN THE REFERENCE TO ALL LAWS'' IN THE SAVING CLAUSE. THE 1898 ORDER IN COUNCIL SPECIFICALLY REFERS TO ''ALL LAWS AND ORDINANCES' AND TO OMIT LAWS' IN THIS ORDER MIGHT LEAVE THE SAVING CLAUSE OPEN TO THE CONSTRUCTION THAT LAWS WERE NOT TO BE SAVED, IN CONTRA-DISTINCTION TO ORDINANCES AND ORDERS IN COUNCIL. FURTHERMORE, WE THINK THERE MAY BE LAWS WHICH WE WOULD WISH TO SAVE. THE PROVISION AS TO INDETERMINATE LEASES WILL, OF COURSE, TAKE PRECEDENCE OVER ANY EXISTING LAWS RETAINED IN BEING BY THE SAVING CLAUSE WHICH CONFLICT WITH THIS PROVISION,

2. WOULD YOU BE AS HAPPY WITH APPLYING TO HONG KONG OR THE NEW TERRITORIES OR BOTH'' AS WITH YOUR DRAFT ? IF SO, WE WOULD PREFER THIS SINCE IT WOULD COVER ALL THE THEORETICAL POSSIBILITIES,

CATER

FILES

HKJD (6) FED

MR CORTAZZI MR STRATTON MR RUSH FORD

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