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113776 MDLOAN 2396
which makes it clear that in granting land etc. the Governor is acting on behalf of the Crown and that the Crown owns the land within Hong Kong. If the Crown in right of the Government of Hong Kong and the Government of Hong Kong are in effect the same then the provision in the proposed Ordinance that the land and natural resources are not the property of the Government would conflict with Letters Patent XIII.
5. The proposed amendments throw up many difficult and complex Legal problems. It is not clear from your TURs why we need to make changes to the Legislation now rather than Leaving it to be dealt with as part of the midnight adaptation exercise. Some of the problems might be easier to deal with on that basis. In the present state of our relations with the Chinese, a delay in tabling this paper is hardly likely to cause much difficulty and will allow us to think all this through further with you. HURD
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