TNAG-2958-FCO40-4237-Future-of-Hong-Kong-British-Consulate-General-Colvin-House--1993 — Page 4

泰制事務司

布政司署

香港上范萑垂直

CONFIDENTIAL

Secretary for Constitutionyi Alfaus

GOVERNMENT SECRETARIAT.

Registry please come to Miss brooks fi

{ {

3) pa 406/1

сори

LOWER ALBERT ROAD. HONG KONG.

Mi Bertam ti

By Fax

(48

RECT

10

12 OCT 1993

Mr. P.F. Ricketts,

Hong Kong Department, FCO

Dear Petter,

British Consulate General:

Private Treaty Grant

7 October 1993

Mrs BJ

اس

7/10

2.

Thank you for your letter of 27.9.1993.

We

have given véry careful thought to your suggestion that approval be given by the Director of Lands under Special Condition 13 to permit accommodation of the British Chamber of Commerce in the BCG building. Unfortunately, as your Legal Advisers have pointed out (and our lawyers agree), it would be exceedingly difficult to argue that such a course of action would be consistent with Special Condition 72% That being the case, the Director would be acting ultra vires if he were to proceed it would not be these circumstances, as suggested. right for Us to give you the

the acknowledgement, which Legal Advisers have suggested, that in granting

your Such

3.

but

a licence to the BCC there would be no breach of SC 7.

For these reasons I am afraid there is no option to resort to a formal lease modification if it is still your firm wish to accommodate the BCC in the BCG building. I am assured by the Secretary for Planning, Environment and Lands that there should be no major

major difficulty with this approach, provided that no additional Gross Floor Area is envisaged.

4.

is clearly

Whichever route. wa: follow, there a China dimension. It would be impossible to keep this confidential, since at

stage the fact that the BCC will be accommodated in the BCG building will become public knowledge. [And if the lease modification route is used, modification document will ormally be recorded in the Land Registry and thus become public document.] Whenever they find out, the Chinese could (if they so wish) accuse faith, in that throughout the negotiation with Hedhë site we have never told them

us them

of

bad

over

the

Colvin

1

CONFIDENTIAL