TNAG-2967-FCO40-4246-Future-of-Hong-Kong-British-Consulate-General-inclusion-of--1993 — Page 30

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

prepared to take such a robust view, although, given that the Hong Kong law of contract differs significantly in certain aspects from the English law of contract, it would not surprise me very much if there were also differences between Hong Kong land law and English land law. Given, however, the draconian provisions for breach of the Grant (see General Conditions 11b) and 12) we do need to be certain (which I am not) that HMG will not be in breach of the conditions in granting a licence to the Chamber of Commerce without first obtaining the Director's approval, undesirable as this may be.

4.

Thank you for looking through the Private Treaty Grant to see whether Hong Kong law or English law is the applicable law. At that stage I did not have a copy of the final Private Treaty Grant. It would have surprised me very much if the Grant had provided that English law had applied. Nevertheless, if there had been such a condition, it would have been decisive, despite contrary indications that the applicable law would be that of Hong Kong.

2

Shetaph Brooks

Shelagh Brooks

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