UNCLASSIFIED
101416
MDHOAN 9476*
15
RELATIONS 1963. BUT WE WOULD BE ENTITLED TO ''PROMPT, ADEQUATE AND EFFECTIVE COMPENSATION''. AS REGARDS THE ADEQUACY OF COMPENSATION
WE SHOULD RESERVE OUR POSITION ON THE WORDING OF 14(A) AND 14(B) (I) AND (II) PENDING FURTHER CONSIDERATION. BUT IN THE MEANTIME WE SHOULD PRESS FOR THE DELETION OF THE WORDS ''IN THE OPINION OF THE DIRECTOR'' IN (A) AND (B) (II), AND THE WORDS 'AT HIS SOLE DISCRETION' IN SUB PARAGRAPH (B).
IF THEY SEE NO DIFFICULTY WHY NOT ACCEPT THE REDRAFT WE PROPOSED (IN OUR TELNO 17)? IT IS
PREFERABLE.
16 (A) ACCEPTED.
20
22
AGREED.
NOTED.
41 (B) NOTED.
AS TO THE TITLE OF THE GRANTEE WE CAN CONFIRM THAT IT WILL BE SOSFA AS A ''CORPORATION SOLE.
1 T
3. AS TO SECOND FAX, WE ARE BROADLY CONTENT WITH THE BASIC TERMS PROPOSED IN MR NG'S LETTER OF 31 JANUARY, ALTHOUGH WE HAVE THE SAME RESERVATIONS ABOUT DEVELOPMENT CONDITION (V) AS WE DO ABOUT CLAUSE 11 (C) OF THE PTG (SEE PARAGRAPH 2 ABOVE). WE NOTE THAT PARAGRAPH 2 OF THIS LETTER RESERVES THE POSITION OF HKG ON ALL AND ANY OF THE TERMS OF THE PTG WHILE PARAGRAPH 5 INVITES US TO ACCEPT THE BASIC TERMS BY 28 FEBRUARY OR THEY QUOTE WILL BE DEEMED TO HAVE BEEN WITHDRAWN''. IN REPLYING TO MR NG'S LETTER OF 31 JANUARY, YOU SHOULD ACKNOWLEDGE THE STATEMENT IN THE PENULTIMATE PARAGRAPH OF HIS LETTER THAT IT IS NOT THE INTENTION OF THE HONG KONG GOVERNMENT TO CREATE ANY LEGAL OBLIGATIONS FOR THE BRITISH TRADE COMMISSION OR FOR THE BRITISH GOVERNMENT UNLESS AND UNTIL THE LEGAL DOCUMENTS NECESSARY TO GIVE LEGAL EFFECT TO THE PROPOSED TREATY GRANT ARE EXECUTED AND REGISTERED, AND THEN GO ON TO STATE THAT HMG CONSIDER THAT NO SUCH OBLIGATIONS ARE CREATED UNTIL THOSE PROCESSES ARE COMPLETED. (INCIDENTALLY, RE THE UNITED STATES CONSULATE PTG, COULD YOU PLEASE CHECK WHEN, AND FOR WHAT PERIOD, THEY ACCEPTED A SIMILARLY WORDED PTG TO OURS.)
4. WE RECALL THAT BUILDINGS AND LANDS OFFICIALS TOLD US THAT A LEASE WAS NOT NECESSARY IN ADDITION TO THE PRIVATE TREATY GRANT BUT THAT IF A LEASE WAS DESIRED, IT WOULD BE GRANTED. THE IDEA OF A LEASE IS WORTH PURSUING. COULD YOU PLEASE INSTRUCT A FIRM
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