CONFIDENTIAL

Reference...

کھے

HKK

140/2

46

Mr Powell, HKD

HONG KONG BILL: NOTES ON CLAUSES

1.

8

After sending to you my own amendments to the draft notes on clauses I gave you one or two suggestions put to me by Mr Wood. Mr Fifoot has given me this morning his own suggested amendments, with all of which I agree. They are:-

Schedule, paragraph 1.

Add at the end

"It should be noted that 'enactment' does not include legislative instruments made under the Royal Prerogative, e.g. the Letters Patent and Royal Instructions which form the constitution of Hong Kong. The amendments to such instruments can continue to be made under the prerogative, without parliamentary procedures."

Schedule, paragraph 3.

Change the second set of (a), (b), (c) and (d) to

Amend the new (ii) to read (i), (ii), (iii) and (iv).

to provide that all UK laws which have hitherto applied as part of the law of the territory shall continue to apply as part of the law of the newly independent state;".

In the second line of the section dealing with paragraph 3(1) of the schedule add "United Kingdom" before "Act".

7. Bunows

F Burrows

Legal Counsellor

-

CODE 18-77

15 January 1985

Copy to:

Mr Fifoot

CONFIDENTIAL

Page 225Page 226

CODE 18-77

Share This Page