TNAG-0850-FCO40-1060-Future-of-Hong-Kong-New-Territories-leases-1979 — Page 213

CR 200

SECRET

SEORET

HKk ouoll

16 JUL 1979

THE

T ken

FM FCO 148750Z JUL 79

TO PRIORITY HONG KONG

TELEGRAM NUMBER 539 OF 13 JULY

INFO PRIORITY PEKING

?

142YOUR TEL NO 987% NEW TERRITORIES LEASES.

See ₤15 (12)

1. THE DEPARTMENT'S LEGAL ADVISER AGREES GENERALLY WITH THE REVISED VERSION OF THE SAVING CLAUSE IN PARAGRAPH 5 OF TUR BUT WOULD PREFER TO SEE IT REPHRASED AS FOLLOWS:-

QUOTE THE PROVISIONS OF THIS ORDER SHALL BE WITHOUT PREJUDICE TO THE CONTINUED OPERATION, FOR SO LONG AS THEY REMAIN IN FORCE, OF ALL ORDERS IN COUNCIL AND ORDINANCES APPLYING TO HONG KONG GENERALLY

OR TO THE NEW TERRITORIES UNQUOTE.

2. THE REASONS FOR THESE MINOR CHANGES ARE:-

(A) THE REFERENCE TO QUOTE ALL LAWS UNQUOTE IS TOO ALL-EMBRACING:

ONE OF THE INTENTIONS OF THE ORDER IN COUNCIL IS TO CHANGE THE

LAW AS REGARDS LEASEHOLD.

(B) ORDERS IN COUNCIL TAKE PRECEDENCE OVER ORDINANCES AND SHOULD BE LISTED FIRST.

(C) THE PHRASE QUOTE APPLYING TO HONG KONG GENERALLY OR TO THE NEW TERRITORIES UNQUOTE IS PREFERABLE TO QUOTE APPLYING TO HONG KONG AND THE NEW TERRITORIES UNQUOTE BECAUSE:

(1) THE NEW TERRITORIES ARE PART OF HONG KONG AND HONG KONG SUBSUMES THEM IN THE VAST MAJORITY OF LEGAL INSTRUMENTS APPLYING TO HONG KONG:

(11) HOWEVER, THE 1898 ORDER IN COUNCIL IS CONCERNED PRIMARILY WITH THE NEW TERRITORIES.

CARRINGTON

FILES

HKJGD

FED

MR CORTAZZI

MR MURRAY

SEORET

COPIES TO MR RUSHFORD

LEGAL ADVISER

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