TNAG-0850-FCO40-1060-Future-of-Hong-Kong-New-Territories-leases-1979 — Page 219

GR 280

SECRET

TO:

142)

HELOVO!!

SECRET

FM HONG KONG 120555Z JUL

TO PRIORITY F.C.O.

TELEGRAM NUMBER 978 OF 12 JULY, 1979.

по

813.7 8

INFO ROUTINE PEKING,

23

YOUR TTELNO 454: NEW TERRITORIES LEASES,

∙143 151

1. WE HAVE NOW HAD A CHANCE TO CONSIDER THE WORDING OF A

REVISED SAVING CLAUSE FOLLOWING PRELIMINARY DISCUSSION

WITH CORTAZZI AND CRADOCK WHEN THEY WERE HERE.

2, CLEARLY WE NEED A SAVING CLAUSE WHICH IS WATERTIGHT ENOUGH TO MEET ANY LEGAL ARGUMENT THAT, BY THE NEW ORDER, WE ARE IMPLYING THAT THE 1898 ORDER COULD END BEFORE ITS DUE TERM.

WE NEED THIS NOT JUST FOR THE LAWYERS BUT TO MEET ANY SUCH

ARGUMENT BY THE HALF INFORMED. AT THE SAME TIME WE MUST FIND A FORM OF WORDING WHICH IS AS UNOBJECTIONABLE AS POSSIBLE TO

THE CHINESE.

3. I AGREE THAT THE SECOND OBJECTIVE RULES OUT YOUR 2(B). CORTAZZI AND CRADOCK ALSO TOOK THIS VIEW.

4. ! AM HOWEVER WORRIED THAT 2(A), WITH ITS CLEAR POINTER TO 1997 IN THE WORDS FOR THE TERM REFERRED TO THEREIN'',

MIGHT PROVE UNNECESSARILY HARD FOR THE CHINESE TO SWALLOW.

I WOULD PREFER TO TRY SOMETHING IN WHICH THE REFERENCES TO

BOTH 1898 AND 1997 ARE OBSCURED.

5. WE SUGGEST THE FOLLOWING:

''THE PROVISIONS OF THIS ORDER SHALL BE WITHOUT PREJUDICE

TO THE CONTINUED OPERATION, FOR SO LONG AS THEY REMAIN IN FORCE, OF ALL LAWS, ORDINANCES AND ORDERS IN COUNCIL

APPLYING TO HONG KONG AND THE NEW TERRITORIES.**

16. I would

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