TNAG-0850-FCO40-1060-Future-of-Hong-Kong-New-Territories-leases-1979 — Page 195

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

SECRET

01-405 7641 Ext.

Communications on this subject should be addressed to

THE

ATTOR

SECRETARY

GENERAL'S CHAMBERS

ATTORNEY GENERAL'S CHAMBERS,

LAW OFFICERS' DEPARTMENT,

ROYAL COURTS OF JUSTICE,

LONDON, W.C.2.

-2-

after 1 July 1997 this, not being founded upon any power or jurisdication already assured to Her Majesty, has no effect at the present time and is no more than contingent provision for a situation which HMG hopes will exist eighteen years hence when

the 1898 Convention expires.

Although clause 3 could not be challenged in any municipal court it appears to the Attorney-General to be unprecedented to make an anticipatory provision of such a kind; in view of this and the lack of legal effectiveness of clause 3, the Attorney-General would prefer that the clause should not be included in the Order.

Your Sucouly, sicealy,

Michael de Winton

A R Rushford Esq CMG

Deputy Legal Adviser

Foreign and Commonwealth Office

Downing Street

London, SW1A 2AL

SECRET

M G de Winton

Page 195i:

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