TNAG-1602-FCO40-2198-Future-of-Hong-Kong-Basic-Law-1987 — Page 45

10. MARTIN LEE DISAGREED WITH THE VIEW THAT THE INCLUSION OF THE TERM 'NEW TERRITORIES'' IN THE BL WOULD BE A REFERENCE TO THE COLONIAL PAST. HE SAID THAT THE TERM WAS COMMONLY USED IN HK : IT APPEARED IN LAND LEASES AND THE LAWS OF HK (E.G. THE NEW TERRITORIES ORDINANCE), AND WAS USED TO DEMARCATE TELEPHONE CODE REGIONS. HE SUGGESTED THAT THE FORMULA SHOULD FOLLOW THE JD

LANGUAGE.

11.

MARIA TAM SAID THAT FOR VARIOUS OPERATIONAL PURPOSES, THE BOUNDARY DID NOT ALWAYS FOLLOW THE SHENZHEN RIVER. SHE SUGGESTED THAT FOR THE TIME BEING, THE OPENING SENTENCE OF THE PREAMBLE SHOULD BE REVISED TO READ : ''THE HK REGION HAS ALWAYS BEEN A CHINESE TERRITORY''. (THIS PROPOSAL WAS SUPPORTED BY CHINESE MEMBER WANG TIEYA AND ONE OF THE THREE SUB-GROUPS). THE DETAILED BOUNDARY COULD BE REINSERTED LATER OR SET OUT IN A MAP AFTER FURTHER STUDIES OF THE PRACTICAL SITUATION.

12.

SANFORD YUNG SAID THAT THE TERM ''NEW TERRITORIES' HAD BEEN IN USE FOR A LONG TIME AND SHOULD BE RETAINED AS FAR AS POSSIBLE. SZETO WAH SAID THAT IT DID NOT MATTER WHAT WORDING WAS USED AS LONG AS THE TERRITORY OF HK WAS CLEARLY DELINEATED. LAU WONG-FAT SAID THAT WHATEVER TERM WAS USED, THE RIGHTS OF THE INDIGENOUS NEW TERRITORIES RESIDENTS SHOULD NOT BE AFFECTED.

13. OTHER REASONS FOR INTRODUCING THE TERM 'NEW TERRITORIES TO THE PREAMBLE WERE AS FOLLOWS :

(1) THE TERM ''NEW TERRITORIES'' DID NOT NECESSARILY CARRY ANY COLONIAL CONNOTATION. TAKE THE EXAMPLE OF SINKIANG IN THE

IT DID MAINLAND, WHICH LITERALLY MEANT NEW TERRITORY** NOT HAVE ANY COLONIAL FLAVOUR WHATSOEVER.

1

(11) THE ORIGINAL FORMULA WAS INACCURATE SINCE SOME ISLANDS, ALTHOUGH LOCATED SOUTH OF THE SHENZHEN RIVER, WERE PART OF CHINA, AND NOT HK. FURTHERMORE, AS DRAFTED IT WAS UNCLEAR WHETHER THE BORDER SHOULD RUN ALONG THE SOUTHERN BANK OF SHENZHEN RIVER OR THE MIDDLE OF THE RIVER.

(111) THE DELETION OF THE TERM "NEW TERRITORIES'

FROM THE

BL MIGHT IMPLY THAT MANY OTHER PLACE NAMES AND STREET NAMES

IN HK DEEMED TO BE REMINISCENT OF THE COLONIAL PAST WOULD ALSO HAVE TO BE CHANGED. THIS WOULD LEAD TO CONFUSION.

(C)

PREAMBLE OTHER VIEWS

14.

SOME MEMBERS CRITICISED THE SECTION ON THE BRITISH OCCUPATION OF HK AS BEING TOO BRIEF. OTHER MEMBERS, HOWEVER, PREFERRED KEEPING IT CONCISE. T.K. ANN SAID THAT IN VIEW OF THE SOUND RELATIONSHIP BETWEEN BRITISH AND CHINA AT PRESENT, THE BL SHOULD TAKE ACCOUNT OF CHINESE SENSITIVITY AS WELL AS THE SITUATION IN HK SO AS TO FACILI- TATE A SMOOTH TRANSITION. THE BL SHOULD NOT PLAY UPON THE HISTORICAL INCIDENT TO EXCITE ILL FEELINGS AMONG THE TWO PEOPLES.

(D) APPLICATION IN THE SAR OF CHINESE STATUTES

RESTRICTED

/15.

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