(HKK 18/11)
FOREIGN AND COMMONZALTH OFFICE,
Downing Street West, 2.#.1.
14 February, 1969
When I telephoned you recently about a problem in connection with a draft from Hong Kong of new Divorce Rules for the Colony, you were good enough to say that I could send you copies of the relevant papers. I now enclose copies of:
1). the draft Rules from Hong Kong;
11).
preliminary
an extract from my advise on a jarliamentary point, namely, the enabling powers;
2.
111).
an extract of a letter from Fiennes, whose advice had been sought by the Civil Service Department.
You will see that, while Fiennes agrees that the transfer of power to the Secretary of State for Foreign and Cousormenlth Affairs aɛn be
de under the 1946 Ast, he considers that since the existing Hong Kong Divorce Juridiotion 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 Aot extends to supplementing the existing Order with the necessary now modification,
3. On the legal side we would be happy to act in accordance with the view of Fiennes in regard to the original power under section 2 of the 1926 Act, that is to say, to go for an amendment of the existing Order. I should be grateful for your comments on this point.
4.
3.
I have written te you separately about the draft Rules themselves.
I am sending a copy of this letter, but not of its molosures, Fiennes.
(I. H. Crushley)
J. W. Bourne, Esq.,
Lord Chancellor's Office, House of Lords,
S.W.1.
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