Miss S Brooks
HKC 400/1.
"CONFIDENTIAL
FROM: J C Morris
DATE:
fico
Hong Kong Department
13 November
cc: Mr Burns
Mr Ricketts Mr Bertram
158
HONG KONG: FUTURE BRITISH CONSULATE-GENERAL: PRIVATE TREATY GRANT (PTG)
1. The Consulate General Working Group met today to consider Mr Bertram's submission on the next steps (copy attached). As you will see, paragraph 4 reports HKG Lands Branch's opinion that they are unable to include a clause in the PTG giving an option to renew because the Joint Declaration gives HKG no power to grant this. The Working Group agreed that we should, if possible ensure that the PTG contained a provision to renew, (if not a guaranteed option, then at least a clause providing for discussion of renewal near to 2047), and asked HKD to obtain legal advice on Lands Branch's opinion.
But
2.
It seems clear from my reading that HKG has no power to extend the PTG beyond 2047; Annex III of the JD, para 3 provides that "until 30 June 1997", the HKG may grant new leases "for terms expiring not later than 30 June 2047". there is no mention of powers to include options to renew in such leases, yet neither are such clauses expressly excluded. We should hope to incorporate at the very latest something along the lines: "In (2042) the grantee may discuss with (the grantor) the removal of terms of the PTG for a period and on such terms as may be agreed between them".
3.
Mr Bertram wishes to finalise the submission by close of play 14 November. With apologies for the short notice, grateful for your views, if possible by 1500 on 14 November.
JC Morris
JCMAAB
CONFIDENTIAL
No comments yet.
Private notes are available after approval.