Flag B
CODE
18-77
CONFIDENTIAL
Mr Rushford (Legal Advisers K 190)
Reference..
29
HONG KONG COMMEMORATIVE GOLD COIN
1.
Since Mr Timms's minute of 13 December at Flag B, Hong Kong have considered the proposal further and, as you will see from their telegram no 1260 of 17 December, have concluded that it would in fact not be possible to strike the proposed gold coins under the existing provisions contained in the Hong Kong Coinage Order 1936.
2.
They have therefore now decided that a new Order will he necessary, and have asked us if we could prepare such an Order for them. I should be grateful for your advice on how this could be done and if you would be prepared to undertake the necessary drafting.
JK Hahna
Hong Kong & Indian Ocean Dept
17 December 1974
Mr Hanna
(32)
We spoke. There are three possible alternatives for the necessary new Order:
An Order which will amend the 1936 Order simply by adding gold coins to the list of those for which the Governor can make provision by Proclamation. Hong Kong would then have to make such a Proclamation with respect to the commemorative issue pro- posed.
B2) An Order amending the 1936 Order more substantially by pro-
viding for, and including details of, this commemorative issue, as well as giving the Governor power to make Proclamations in respect of other gold coins in the future. No local Proclamation would be needed for this issue.
c3) An Order dealing solely with the commemorative coins. No
local Proclamation would be needed. Since the Order would not amend the 1936 Order, any subsequent issue of gold coins would have to be preceded by a new Order in Council, rather than a local Proclamation as in and 2 above.
A
X
I should prefer the first alternative but, as agreed, it spuld be put to Hong Kong for decision.
With regard to para 3 of Hong Kong's telegram no. 1260, we are of course happy to amend the 1936 Order in accordance with their wishes; they should be asked whether they wish to specify an amount for the payment of which the new coin will be legal tender, or whether they wish the coin to be legal tender for the payment of any amount
19 December 1974
nuvc
Telguim se
H...) Michal Winsht
CONFIDENTIAN
ES Wilmshurst Legal Advisers