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6. THE ASSETS OF THE HONG KONG GOVERNMENT ARE PART OF THE ASSETS
OF THE CROWN, IN ACCORDANCE WITH GENERAL PRINCIPLES AND BY VIRTUE OF SECTION 6 OF THE INTERPRETATION AND GENERAL CLAUSES ORDINANCE, WHICH PROVIDES THAT ANY IMPLICATION IN ANY ORDINANCE THAT ANY PROPERTY IS OWNED BY OR BELO GS TO THE HONG KONG GOVERNMENT IS DEEMED TO BE A REFERENCE TO PROPERTY OF THE CROWN WHICH HAS BEEN APPROPRIATED TO THE USE OF THE HONG KONG GOVERNMENT.
7. THE REPRESENTATIVE OF THE CROWN IS THE GOVERNOR, TO WHOM IS DELEGATED BY ARTICLE 11 OF THE LETTERS OF PATENT THE AUTHORITY:-
*'TO DO AND EXECUTE ALL THINGS THAT BELONG TO HIS SAID OFFICE ACCORDING TO THE TENOUR OF THESE OUR LETTERS PATENT......AND ACCORDING TO.......SUCH LAWS AS ARE NOW OR SHALL HEREAFTER BE
IN FORCE IN THE COLONY''.
8. SINCE THE GOVERNOR IS ONLY A REPRESENTATIVE OR DELEGATE OF
THE CROWN, HIS POWERS AND AUTHORITIES ARE LIMITED TO THOSE WHICH ARE EXPRESSLY OR IMPLIEDLY DELEGATEDLY TO HIM. ARTICLE VII OF
THE LETTERS PATENT SUPPLEMENTS AND QUALIFIES ARTICLE |
BY AUTHORISING THE GOVERNOR, BY AND WITH THE ADVICE AND CONSENT OF THE LEGISLATIVE COUNCIL, TO MAKE LAWS FOR THE PEACE, ORDER, AND GOOD GOVERNMENT OF THE COLONY.
9: IT WAS CLEARLY WITHIN THE SCOPE OF THE GOVERNOR'S POWERS FOR THE MASS TRANSIT RAILWAY CORPORATION ORDINANCE TO BE ENACTED AND THE EXERCISE OF THAT POWER, IN THE ENACTMENT OF THE ORDINANCE, HAS NOT BEEN DISAFFIRMED BY THE GOVERNMENT IN THE UNITED KINGDOM, FOR EXAMPLE BY DISALLOWING THE ORDINANCE. THE ORDINANCE ITSELF CONTEMPLATES THE OBVICUS NEED NOT ONLY FOR THE CORPORATION TO RAISE FUNDS BUT FOR THE GOVERNMENT TO GRANT GUARANTEES THEREOF AND THEREFORE THE GRANTING OF SUCH GUARANTEES IS, IN OUR VIEW, WITHIN THE POWERS OF THE HONG KONG GOVERNMENT, SO LONG AS EFFECTED
WITHIN THE CONSTRAINTS IMPOSED BY THE ORDINANCE. THE QUESTION THEREFORE REMAINS WHETHER, AS PART OF THE CONTRACT WITH A PARTICULAR LENDER, IT IS COMPETENT TO THE GOVERNMENT TO AGREE THAT DISPUTES IN CONNECTION WITH THAT CONTRACT SHOULD BE SETTLED IN A CERTAIN WAY, EVEN THOUGH THIS MIGHT HAVE THE EFFECT OF SUBMITTING THE
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/ GOVERNMENT TO