(118281) Dd. 391599 1,500M 2/69 Hw.
NOTHING TO BE WRITTEN IN THIS MARGIN
Registry
No. HKK 18/11
SECURITY CLASSIFICATION
Top Secret.
Secret.
Confidential,
Restricted. Unclassified.
PRIVACY MARKING
DRAFT
SAVING DESPATCH
Type 1 +
From
To:-
Governor,
HONG KONG.
No. 122
..In Confidence
Telephone No. & Ext.
Department
a
I am sorry that you have had to remind us that
we have not replied to your Saving Despatch no. 1323
of 9.10.68 about the Hong Kong (Non-Domiciled Parties)
Divorce Rules.
2.
There has been delay because when the Law
Officers first looked at your draft Rules they had to
consider whether the Secretary of State had the
necessary legal power to make the Rules. The Legal
Advisers first view was given in a minute from which
the paragraphs below have been extracted:
3.
"X on (1) of file"
After further consideration, however, it has
been decided that although the transfer of power to
the Secretary of State for Foreign and Commonwealth
Affairs could be made under the 1946 Act, since the
existing Hong Kong Divorce Jurisdiction Order in
Council 1935 has become in part ineffective, the
original power under Section 2 of the Indian and
Colonial Divorce Jurisdiction Act, 1926, to "provide
for applying" Section 1 of the Act, extends to
supplementing the existing Order with the necessary
new modification.
4.
Action will now be taken accordingly.