TNAG-2573-FCO40-3759-Future-of-Hong-Kong-adaptation-of-laws-1992 — Page 23

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MDLIAN

EXCEPT FOR HISTORIC REFERENCES, THOSE RELATING TO NEW GRANTS OF LANDS OR TO THE EXTENSION OF OLD LEASES WHICH HAD EXPIRY DATES BEFORE 1997, NOW SIMPLY REFER TO THE GOVERNMENT OF HONG KONG'' AND ARE SIGNED FOR AND ON BEHALF OF THE GOVERNOR. IN THE VIEW OF THE BRITISH SIDE, IT WOULD BE APPROPRIATE NOW TO MAKE SIMILAR

EXCEPT FOR HO CHANGES IN RELEVANT LEGISLATION, I.E. CHANGE REFERENCES FROM

TO ''THE CROWN'' TO ''THE GOVERNMENT'' IN LEGISLATION RELATING TO LAND, TO INTERESTS IN LAND, AND TO THE MANAGEMENT AND CONTROL OF LAND.

5. ARTICLE 7 OF THE BASIC LAW PROVIDES THAT THE LAND AND NATURAL

RESOURCES WITHIN THE HKSAR SHALL BE STATE PROPERTY. HOWEVER, IT GOES ON TO SAY THAT THE GOVERNMENT OF THE HKSAR SHALL BE RESPONSIBLE FOR THEIR MANAGEMENT, USE AND DEVELOPMENT AND FOR THEIR LEASE OR GRANT TO INDIVIDUALS, LEGAL PERSONS OR ORGANISATIONS FOR USE OR DEVELOPMENT. IN THE VIEW OF THE BRITISH SIDE, THE LEGISLATIVE CHANGES OUTLINED IN PARAGRAPH 4 ABOVE WOULD ACCURATELY REFLECT THE LEGAL POSITION AFTER 30 JUNE 1997 IN

RELATION TO INTERESTS IN LAND. SIMILAR LEGISLATIVE CHANGES IN

RELATION TO NATURAL RESOURCES WOULD ALSO BE APPROPRIATE.

PROPOSAL

6.

IN THE LIGHT OF THE FOREGOING, THE BRITISH SIDE PROPOSES TO INTRODUCE LEGISLATION WHICH, IF ENACTED, WOULD HAVE THE FOLLOWING RESULTS THROUGHOUT THE LAWS OF HONG KONG

OR

(A) REFERENCES TO ''CROWN LEASES'' OR CROWN LICENCES' TO LAND LEASED OR HELD FROM THE CROWN, EXCEPT FOR HISTORIC REFERENCES, WOULD BE AMENDED TO REFER TO ''GOVERNMENT LEASES' OR ''GOVERNMENT LICENCES'' OR TO LAND LEASED OR HELD FROM THE GOVERNMENT:

(B) REFERENCES TO ''CROWN RENT'' OR TO RENT PAYABLE TO THE CROWN WOULD BE AMENDED TO REFER TO ''GOVERNMENT RENT'' OR RENT PAYABLE TO THE GOVERNMENT:

.

(C) REFERENCES TO ''CROWN LAND'' WOULD BE AMENDED TO REFER TO 'GOVERNMENT LAND'' AND RELATED EXPRESSIONS WOULD BE AMENDED ACCORDINGLY:

(0)

PROVISIONS FOR LAND TO REVERT TO OR TO BE RESUMED BY THE CROWN WOULD BE AMENDED TO PROVIDE FOR LAND TO REVERT TO OR TO BE RESUMED BY THE GOVERNMENT: AND

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