DEVITET
Tel: 233-5994
H Steel Esq CMG OBE
Law Officers' Department Attorney General's Chambers Royal Courts of Justice Strand, WC2A 2LL
Foreign and Commonwealth Office
London SW1A 2AH
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RECEIVED A4 APE
22 July 1980
29 JUL 1980
DESK OFFICER INDEX'
PAR
REGISTRY Action Feke
Aw 1948
оле
Please refer to my letter of 23 July 1979 to De Winton.
2. As one would have expected, the Chinese did not favour our proposal and the foolish idea of including clause 3 in an Order in Council the Governor and I discussed with the Attorney has fortunately been dropped.
3. The question of how to deal with leases in the New Territories is however being pursued and we have received some papers from the Governor written by the local Attorney-General John Griffiths) of which I enclose copies. They refer to a Mr Rushforth who is evidently myself.
4. I am asked to discuss the question of the lease with Griffiths on 1st August so that an agreed paper can be served up to FCO administrative pundits (including the Governor) on 6 August.
5. I received Griffiths' papers only today: at first sight I see only one point of disagreement, viz. whether freeholds or leases expiring after 1997 can be granted without legislation. I accept that this is arguable - it would be a simple matter to resolve the doubt by prerogative Order in Council.
6. We shall no doubt wish to consult the Attorney when some modus operandi emerges as the Governor has let the matter drift for months, I expect he will want very early endorsement of whatever solution he favours. That being so, someone from your office might like to attend my meeting with Griffiths though there is no necessity if no-one can be spared. He and I (plus a member of Hong Kong Department) could if needs be come to the Law Courts.
enc
STOREYT
A R Rushford
Deputy Legal Adviser
67
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