[ETIAOS]
Reference........
་་་...་་་་་་་
RESTRICTED
HKK 100/4
A
B
C
MCC Leeks, New draft altashed Ch 2714 Mr Eh
Ehrman
m Galowathy on these regulations
are not to do with real control beat
with minutiae. I therefore wee
problems with proposed reply
HONG KONG FINANCIAL ADMINISTRATION
1.
no
Hong Kong have
proposed that Chapter VIII of Colonial Regulation s (Finance) should be regarded as having been superseded in ong Kong by the Public Finance Ordinance of 1983.
2.
The Dependent Territories Adviser, Mr Wallace, has been consulted but is reluctant to accept Hong Kong's suggestion in its entirety as this would result in the Secretary of State having no standing at all in the territory's finances or accounts. However, as Colonial Regulations are interpreted in the light of local law, and where there is doubt or conflict local law prevails, Mr Wallace has come up with a compromise. На has suggested that in view of the uncertainty that exists in ong Kong as to which provisions of Colonial Regulations have been superseded by the Ordinance a local instruction should be issued to the effect that in matters of financial administration officers should observe the provisions
the provisions of the Ordinance and that these provisions take precedence over Chapter VIII of Colonial Regulations. Mr Wood of Legal Advisers has agreed with this proposal but with the word precedence replaced by supersede.
3. A draft reply to ..ong Kong based on the advice received from the Dependent Territories Adviser and Legal Adviser is attached. Mr Wallace and Mr Wood have been consulted but have no comments
the draft.
on
28/i
HKK 100/4
RECEIVED IN REGISTRY
2 3 DEC 1985
J. Thomas.
THY
Taken
J Thomas
Hong Kong Department
CODE 18-77
AWO Ltd. 7/84
27 November 1985
k.
As I mentioned
двезд
to you.
I have had for the thoughts about this: but have come to the same conclusion. There is an
agument abat HK sht be as francially
HIEG
тве
•
autonomous
possible but do not this that the s. gs.
as
wander
'Control' Colomal fine
world direct rule
rendual
finances
es under
powers
Col Regs
in extremme (withal Thick be
مسه
presumably freed to rely upon butt contains a
emergency measure/ kind). The draft
f
صيام
RESTRICTED
compromise! giving HK what it needs defects, but not
a fother phrase, Howing out
to coin
baby with
both water.
ск
2424