TNAG-2573-FCO40-3759-Future-of-Hong-Kong-adaptation-of-laws-1992 — Page 24

CONFIDENTIAL

012055

MDLIAN 2182

(E) GENERALLY, REFERENCES TO THE CROWN IN RELATION TO LAND OR NATURAL RESOURCES OR TO RIGHTS AND INTERESTS IN LAND OR NATURAL RESOURCES WOULD BE AMENDED TO REFER TO THE GOVERNMENT, EXCEPT WHERE THOSE RIGHTS OR INTERESTS RELATE ALSO TO OTHER RIGHTS AND INTERESTS OF THE CROWN.

IN

THE BRITISH SIDE RECOGNISES THAT THE AMENDMENTS PROPOSED IN PARAGRAPH 6 ABOVE SHOULD NOT BE TAKEN AS IMPLYING THAT THE LAND OR NATURAL RESOURCES ARE THE PROPERTY OF THE GOVERNMENT SINCE THIS WOULD NOT ACCORD WITH THE PRESENT POSITION OR WITH THE POSITION UNDER ARTICLE 7 OF THE BASIC LAW AFTER 30 JUNE 1997. THE VIEW OF THE BRITISH SIDE, THIS POINT CAN BE DEALT WITH BY A PROVISION IN THE AMENDING LEGISLATION TO THE EFFECT THAT REFERENCES TO THE GOVERNMENT IN RELATION TO LAND AND NATURAL RESOURCES DO NOT MEAN THAT THE LAND AND NATURAL RESOURCES ARE THE PROPERTY OF THE GOVERNMENT.

8 =

PROVISION WILL ALSO BE MADE IN THE AMENDING LEGISLATION TO PRESERVE THE RIGHTS OF THOSE WHOSE INTERESTS IN LAND AND NATURAL RESOURCES ARE AT PRESENT DERIVED FROM CROWN LEASES. THE EFFECT OF THE PROPOSED AMENDMENTS WILL THUS NOT BE TO CHANGE ANY EXISTING RIGHTS IN RELATION TO LAND OR NATURAL RESOURCES BUT TO MAKE CLEAR THE GOVERNMENT'S RIGHT TO MANAGE, USE, DEVELOP, LEASE OR GRANT LAND AND NATURAL RESOURCES IN HONG KONG, WHICH ACCORDS WITH THE POSITION WHEN ARTICLE 7 OF THE BASIC LAW COMES INTO INTO

EFFECT ON 1 JULY 1997.

CONCLUSION

9. AT A LATER STAGE, THE BRITISH SIDE WILL CONSULT THE CHINESE SIDE ON CERTAIN OTHER ADAPTATION PROPOSALS CONCERNING REFERENCES

TO THE CROWN IN RELATION TO OTHER MATTERS IN THE LAWS OF HONG KONG. AS AT 1 JULY 1997 THERE WILL ALSO NEED TO BE A CHANGE TO THE MEANING OF 'GOVERNMENT'' IN THE LAWS OF HONG KONG FROM ''THE HONG KONG GOVERNMENT'' TO ''THE HONG KONG SPECIAL ADMINISTRATIVE

REGION GOVERNMENT

HOWEVER, THE BRITISH SIDE BELIEVES THAT THE AMENDMENTS PROPOSED IN THIS PAPER CAN BE MADE NOW AND FOR THAT

REASON ARE CONSULTING THE CHINESE SIDE ON THEM AT THIS STAGE.

PATTEN

YYYY