TNAG-1455-FCO40-1978-Hong-Kong-Letters-Patent-amendments-1986 — Page 36

CONFIDENTIAL

The Agreement between the UK and China on the future

of Hong Kong provides that leases of land in the

territory granted and renewed by the Hong Kong Government

may now extend beyond 30 June 1997, the date on which

British sovereignty and jurisdiction over Hong Kong will

end.

d

The Hong Kong Letters Patent at present require that

grants of land in the territory should be made by the

Government in The Queen's name. The exact provision, in

Article XIII, is as follows:

"XIIII. (1) The Governor, in Our name and on Our

behalf, may make and execute grants and dispositions

of any lands within the Colony that may be lawfully

granted or disposed of by Us."

Since new leases may now extend beyond 1997 (and we

and the

the Chinese have now agreed on a new form of lease

document which will be valid after 1997) we believe, as

do the Hong Kong Government, that it would now be

appropriate to alter the style under which these grants

the amendment to the lettres Patent, Stinger, are made. We have therefore submitted to Her Majesty in

d

-Council a proposal to remove the words "in our name and"

from Article XIII, of the Letters Patent.

This change

would recognises that land grants and regrants may

henceforth extend beyond the period during which the

United Kingdom has sovereignty and jurisdiction in Hnog

will Kong. All grants and regrants would continue to be made

by the Governor on Her Majesty's behalf up to 30

30 June

CONFIDENTIAL