TNAG-2573-FCO40-3759-Future-of-Hong-Kong-adaptation-of-laws-1992 — Page 22

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012055

MDLIAN 2182

Hkc 370/17

TOP COPY

~1?

小

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 2605

OF 020954Z NOVEMBER 92

AND TO PRIORITY PEKING

INFO PRIORITY UKREP JLG HONG KONG

MIPT:

ADAPTATION OF LAWS : CROWN IN RELATION TO LAND NATURAL RESOURCES

w

1 THE TEXT OF THE DRAFT CONSULTATION PAPER REFERRED TO IN MIPT

IS AS FOLLOWS:

BEGINS

INTRODUCTION

1.

THIS PAPER HAS BEEN PREPARED AS A BASIS FOR CONSULTATION IN ACCORDANCE WITH THE PRINCIPLES FOR CONSULTATION AGREED WITH THE CHINESE SIDE AT JLG XVII, ON THE WAY IN WHICH THE BRITISH SIDE INTENDS TO ADAPT CERTAIN PROVISIONS IN THE LAWS OF HONG KONG IN

ORDER TO ENSURE THAT THEY ARE CONSISTENT WITH THE BASIC LAW.

2.

THIS PAPER DEALS NOT WITH A SINGLE ORDINANCE, BUT WITH THE MANY REFERENCES IN THE LAWS OF HONG KONG TO THE CROWN'' IN RELATION TO LAND AND NATURAL RESOURCES, WHICH WILL BE INAPPROPRIATE AFTER 1 JULY 1997.

BACKGROUND

3*

UNDER ARTICLE XIII OF THE LETTERS PATENT, THE GOVERNOR, ON BEHALF OF THE CROWN, IS EMPOWERED TO MAKE AND EXECUTE GRANTS AND DISPOSITIONS OF ALL LANDS IN HONG KONG THAT MAY BE LAWFULLY GRANTED OR DISPOSED OF BY THE CROWN. THERE ARE THEREFORE MANY REFERENCES IN THE LAWS OF HONG KONG TO CROWN LEASES (I.E. GRANTS OF LAND BY THE CROWN FOR A TERM OF YEARS) AND TO CROWN LAND (I.E. LAND WHICH THE CROWN HAS NOT GRANTED TO ANYONE ELSE). SUCH

REFERENCES WILL CEASE TO BE APPROPRIATE AFTER 1 JULY 1997.

4. AS THE CHINESE SIDE WILL BE AWARE, CHANGES HAVE ALREADY BEEN MADE TO THE WORDING OF LEASE DOCUMENTS FOLLOWING AGREEMENT BETWEEN THE TWO SIDES IN THE LAND COMMISSION ON 15 AUGUST 1985. ALL STANDARD LEASE DOCUMENTS AGREED IN THE LAND COMMISSION, I.E.

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