TNAG-0943-FCO40-1162-Future-of-Hong-Kong-1980 — Page 16

SECRET

Mr Rushford

Legal AdvisemUSHFORD

LIKK OHO!

RECEIVED IN SPOISTRY MO

29 JUL 1980

DESK OFICER INDEX

FUTURE OF HONG KONG AND NEW TERRITORIES I

イル

ом

M

224/7

Ι

1. Mr Morrice has shwon me your minute and letter of 22 July. am grateful to you for agreeing to see Mr Griffiths on 1 August. Someone from the department - probably Mr Morrice - will be present.

2. I take your point about the Lord Chancellor's Office not being involved in the matter. But at his meeting with Mr Blaker on 14 July, the Governor was only using that office as an example in asking that a separate legal view be obtained. As Sir Murray said, Mr Griffiths has produced a somewhat different view on the key question of whether leases can be granted beyond 1997 without legislation. Our political recommendation, including our brief for the Secretary of State's visit to Peking, will to a considerable extent depend on the agreed legal opinion on this point. I realise that an Order in Council could overcome the legal point, but we are by no means sure that the Chinese would tolerate any new legis- lation on the subject. We should certainly have to consider timing and tactics very carefully.

3. We therefore need a legal opinion agreed between yourself and Hong Kong but also with the concurrence of the Law Officers here. Having been at Mr Blaker's discussion with the Governor on 14 July, it is quite clear to me that the Minister agreed with this and expects that the appropriate Law Officers will be involved in your discussion with Mr Griffiths.

4. Because of the availability of the people concerned, we have to hold our political meeting on 6 August. It would not really be practicable to obtain the Law Officers' view between a meeting of yourself and Mr Griffiths on 1 August and the 6th. I would there- fore be grateful if you would explain this to the Law Officers Department and ask if they could definitely be present at the 1 August meeting.

24 July 1980

Blip

R D Clift

Hong Kong and General Department

기

SECRET

P.TO.