Treasury Chambers
Parliament Street London SW1P 3AG
Telex 262405
J Thompson Esq
Hong Kong and General Department Foreign and Commonwealth Office
LONDON
SW1A 2AH
HKK138/1
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Y XO. 51
Telephone Direct Line 01-233 5114
Switchboard 01-233 3000
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HF 3/91/01
Date
12 October 1978
БНІК
Dear John,
HONG KONG COINAGE
لمه
We discussed, over the telephone earlier today, how we should best proceed, in the light of legal advice received from Hong Kong, and subsequently endorsed by your own lawyers, that there is no basis for demonetization by proclamation of a coin made legal tender within the colony by earlier proclamation unless that coin was simultaneously added to the Schedule to the original Order.
Though as a layman this seems to me a very nice interpretation of the existing legislation I do not see that we can quibble at it. I think the Treasury Solicitor, from a strictly legal point of view, would have to go along with this advice and, as I have already mentioned, your lawyers have already confirmed that they do. My chief worry is that this small defect in the legislation will be used as an opportunity to re-open the more general question of continuing the monopoly arrangement for which the Order in Council is the basis. I know that you do not find the reasons advanced for this arrangement convincing but the Mint would be very unhappy to see the existing arrangements discontinued given the serious effect this would have on their export business. I think you accept that, whatever the pros and cons of the general question, the water should not be muddied by conceding that the narrow question of the scope of the present legislation should properly affect the general arrangements. In these circumstances we agreed that I should set in hand, as a matter of urgency, a revised Order in Council which specifically provides authority for the demonetization of the old 50 cent coin.
簽
Polarist Nowy
D M NOONEY
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R 50
EN CLAIR