--2---
The Board on the other hand are required to legislate for these matters by means of an order subject to annulment.
(7) Sections 19 and 20: Comments in (2) above apply in relation to exemptions and the issue of international and local exemption certificates. See the prescribed forms of certificate in Convention and Rules.
(8) Section 23:- The references to the No.2 Order are incorrect; this was not an orler which extended anything to Hong Kong.
(9) Section 27:- Is no adaptation required in respect of s.436(3) of the 1894 Act?
(10) Section 29:- Note again the powers given to the Director of Marine, to achieve by mere notice what the Act only permits the Board to do by means of subordinate legislation.
(11) Section 33(3):- It is proposed to delete this. It is however, essential that effective transitional provisions be made for Hong Kong. See, however, paragraphs 3 and 5 above.
(12) New Section 35:- It is for consideration whether this section really justified the extensive powers given to the Director. We do not think so.
(13) Schedule 1:- Is no adaptation necessary for the sections of the 1894 and 1906 Acts specified in Schedule 1 to the UK Act? And is it correct that Column 2, "old penalty" should remain unchanged, referring as it does to pounds sterling?"
The Foreign Office legal adviser has commented as follows on the draft enclosed with this despatch:-
"General As will be seen, I have produced an Order combining the two Hong Kong drafts in the manner suggested in paragraph 4 of the Board of Trade letter and also given the Governor further power to modify the UK Rules and Regulations as extended to Hong Kong.
Detailed comments
Order: Enacting Clause
I think it advisable to be more specific
as to the subsection of Section 28 under which the Order is made. Confusion has arisen in the case of some Orders in thepast through not being specific enough. It is advisable to cite section 30 as well as section 28(1).
Article 1 (renumbered 3). The method of presentation now preferred by the Select Committee on Statutory Instruments is to reproduce the text of the whole Act incorporating the modifications rather to set out a series of modifications without any text.
Schedule to the Order
Section 6(4)
掌管
see
The words other than the Government of Hong Kong are unnecessary as Hong Kong is not a contracting Government section 31(2).
/Section 9(2)