Clause 13: the revised Bill makes no provision
for the point raised in the
Buble Sumant
6.
at does not
8
enclosure to (3)(and accepted in the enclosure to (6)) but perhaps
Hong Kong think ́it unnecessary to take any further action in the matter since it is one within the discretion of the Attorney General who has already recorded his
agreement with our view. However, this may not satisfy Legal Advisers.
Clause 14 (4): has been amended to meet one of the objections that we raised in the enclosure to (3); but this has
involved the introduction of a new
not acceptable. I clause 20. Legal Advisere will
Clause 15 :
they hamit.
Clause 18 :
doubtless say whether our point has been satisfactorily met and whether the new clause 20 is unobjectionable.
Hong Kong have tried to meet our objections to this clause (see enclosure to (3)) but I am not sure whether they have succeeded in doing 80. For example, it is not at all clear what the legal meaning and effect would be of the underlined words in the phrase "for the purpose of any proceedings, begun or in contemplation, before a court" which appears in clause 15 (4). Again, no doubt Legal Advisers will comment: if, in fact, our objections to the clause have not been adequately met, Legal Advisers may regard the matter as being of sufficient importance to be dealt with in the same way as the points in paragraph 4 above.
has been amended to meet our objection. raised in the enclosure to (3). Legal Advisers will no doubt say if the matter has been satisfactorily dealt with.
I suggest that these papers should now go to Legal Advisers for their views. Thereafter you may wish to let Mr. Wilford see them with a view to a meeting with Legal Advisers to decide on the line to be taken in any submission to Ministers on any
important matters then still outstanding.
7. The history of this matter up to the time immediately before the receipt of (14) is summarised in the minute with (10).
8. We have to prepare a brief for the Secretary of
State on
Hang Kang.
this
ancject in readiness for his visit
AN
(A.W. Gaminara) Hong Kong Department 20 March, 1970