TNAG-2957-FCO40-4236-Future-of-Hong-Kong-British-Consulate-General-Colvin-House--1993 — Page 52

x

X

REC

HKCD

406/1

12 JAN 1993

IND

Mr Hum

PS/Mr Goodlad

IBT

DRAFT

4

RESTRICTED

2155

FROM: P F Ricketts

Hong Kong Department

DATE: 6 January 1993

cc: Mr Bertram, OED

Miss Brooks,

Legal Advisers

FUTURE CONSULATE-GENERAL IN HONG KONG: PRIVATE TREATY GRANT

Problem

1.

Grant, PTC,

the Private Treaty Grant,

the

Problems with PTC (form of lease under which we will be granted the present Colvin House site until 2047). We do not dispute Hong Kong's right to expropriate the land, should that prove necessary in future, but we maintain that the PTG provisions for compensation if they do so are inadequate. negotiating partner, the Buildings and Land Department (BLD)

approve the amendment) does not have the authority to give us what we seek. We need a policy decision from the Hong Kong Government.

Recommendation

Our

2. I recommend that we enlist the aid of the Constitutional

take the matter to Affairs Branch (CAB) and if necessary, the Governor

seeking a resolution to this problem.

into

Background

3.

As Ministers will be aware, the granting or leasing of land in Hong Kong is at the discretion of the Sino-British Land

Commission (LC). Under the system operated, the future SAR will receive 50% of the premium generated by approved leases. In the

RESTRICTED