SPEAKING NOTE
"SCHEDULE STAND PART"
CONFIDENTIAL
NON-NATIONALITY PARAGRAPHS OF SCHEDULE
PARAGRAPH ONE OF SCHEDULE [IF NECESSARY]
Paragraph one provides the necessary definitions for the
schedule which are not
1978.
included in the Interpretation Act
DEFENSIVE:
[IF PRESSED ON THE DEFINITION OF "ENACTMENT"]
The definition of "enactment" includes both Acts of
Parliament and subordinate legislation made thereunder with
the exception of
of this
this Act. This Act is excluded from the
definition so that there can be no
no question of amending it
by Order in Council under paragraph 3(1) of this Schedule.
I should imagine that this would be unacceptable to your Lordships.
[IF ASKED WHETHER "ENACTMENT" INCLUDES LETTERS PATENT AND
ROYAL INSTRUCTIONS]
"Enactment" does not include
legislative instruments made
is
under the Royal prerogative such as the Letters Patent or
Royal Instructions, under which Hong Kong
governed
today. Amendments to these instruments will continue to be
made
under
procedures.
the
prerogative without
Parliamentary
CONFIDENTIAL