01-405 7641 Ext.
Communications on this subject should be addressed to
THE LEGAL SECRETARY
TTORNEY General's Chambers
SECRET
ATTORNEY GENERAL'S CHAMBERS,
Law Officers' DEPARTMENT,
ROYAL COURTS OF JUSTICE,
LONDON, W.C.2.
-2-
that it would be sensible for him to advise on this in the
abstract. However, he thinks that it may be helpful to add that an essential element in any amending Order would be something to displace the negative and limiting proposition at present embodied in the preamble to the 1898 Order as well as that contained in Article 1. Assuming that anything that we do in this field will be done only with the concurrence or acquiescence of the Chinese Government, one possibility which you might wish to consider would be a preamble to the amending Order which recited expressly that, as a result of discussions with the Chinese Government, it was now expedient for Her Majesty in Council to make provision for the Government of the New Territories which, until amended or repealed, would continue to have effect even after the expiry of the lease. Whether that would be acceptable to the Chinese Government and effective in restoring commercial confidence is of course outside the Attorney-General's competence to assess.
4. The Attorney-General has seen with interest what is said in paragraphs 7 and 8 of your letter and in the note and draft paper enclosed with it. But he has no comments to make on it at this
stage.
ут
A R Rushford Esq CMG
Deputy Legal Adviser
Foreign and Commonwealth Office London, SW1A 2AH
SECRET
H. STEEL
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Private notes are available after approval.