TNAG-1166-FCO40-1446-Future-of-Hong-Kong-1982 — Page 17

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Further to my minute of 28 January, it might be useful if I set down a number of propositions that seem to me to be relevant. Some are probably statements of the obvious but others have been doubted or denied.

2. My propositions are as follows:

a) in so far as the Convention of 1898 has legal effect, (229

it operates in international law;

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(234

b)

the lease to which it refers is governed by international law and not by UK municipal law or Chinese municipal law;

c)

the UK regards the Convention, and thus the lease, as binding and valid;

d)

e)

f)

g)

h)

the PRC may not do so, but it appears to accept the de facto situation created by the Convention and the lease;

during the currency of the lease the UK has sovereignty over the New Territories;

the 1898 Order accordingly provides for the administration of the New Territories as part of the colony of Hong Kong "for the term described in the ... Convention", ie ninety nine years from 1 July 1898;

the UK has at present no right to administer the New Territories after 30 June 1997;

although UK might remain in possession of the New Territories after that date with the acquiescence of the PRC, this eventuality is not covered by the 1898 Order because that Order refers expressly to the term of ninety nine years;

the UK cannot properly legislate for the New Territories in terms that assert its possession such a right;

i)

j)

the UK might however legislate in terms that allowed UK administration of the New Territories to continue

k)

indefinitely;

such legislation (eg an amendment to the 1898 Order) might use some such formula as "for so long as Her Majesty has [ by treaty, capitulation, grant, usage,

/sufferance