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1986 RECOGNISES, THE REMOVAL OF REFERENCES TO THE SECRETARY OF
STATE IN YOUR PENSIONS LEGISLATION WOULD NOT PRECLUDE THE
SECRETARY OF STATE FROM INTERVENING BY INSTRUCTION. THE GOVERNOR
IS REQUIRED BY THE LETTERS PATENT TO EXERCISE HIS FUNCTIONS IN
ACCORDANCE WITH ANY INSTRUCTIONS HE RECEIVES THROUGH A SECRETARY
OF STATE. SO LONG AS THE SECRETARY OF STATE RETAINS
RESPONSIBILITY IN RELATION TO HONG KONG, HE CANNOT AVOID
RESPONSIBILITY IN RELATION TO THE PUBLIC SERVICE OF HONG KONG.
IN OUR ACCEPTING YOUR DECISION TO REMOVE THE REFERENCES TO THE
SECRETARY OF STATE FROM CAP 89 AND TO MAKE NO SUCH REFERENCES IN
THE PRESENT BILL, THEREFORE, YOU WILL APPRECIATE THAT THE
SECRETARY OF STATE IS NOT IN ANY WAY ABDICATING HIS GENERAL
RESPONSIBILITY AS REGARDS THE PUBLIC SERVICE: IN FUTURE, HOWEVER,
THAT RESPONSIBILITY WOULD BE EXERCISED THROUGH INSTRUCTIONS UNDER
THE LETTERS PATENT RATHER THAN DIRECTLY BY POWERS CONFERRED IN A
HONG KONG ORDINANCE.
5.
THE PRACTICAL EFFECT OF THIS ADVICE IS THAT WE SHALL NEED
TO SEE ANY PROPOSED CHANGES TO CAP 89, OR IN THE PENSIONS BENEFIT
ORDINANCE WHEN ENACTED, AND ANY REGULATIONS, AND TO BE MADE
AWARE IN ADVANCE OF ANY PROPOSALS RELATING TO QUOTE OTHER
PUBLIC SERVICE UNQUOTE, IN ORDER THAT THE SECRETARY OF STATE MAY
HAVE AN OPPORTUNITY TO CONSIDER WHETHER HE WISHES TO ISSUE ANY
INSTRUCTIONS.
7.
FINALLY, LEGAL ADVISERS HAVE THE FOLLOWING SPECIFIC
QUERIES ON INDIVIDUAL CLAUSES OF YOUR DRAFT BILL:
(A)
(B)
8.
IT IS NOT FULLY CLEAR TO US WHY THE RELEVANT FUNCTIONS IN
CLAUSE 29 ARE CONFERRED ON THE GOVERNOR WHEREAS THOSE IN
CLAUSE 27 ARE CONFERRED ON THE GOVERNOR IN COUNCIL:
IN CLAUSE 33, IS THERE ANY JUSTIFICATION FOR PERMITTING
THE GOVERNOR TO MODIFY THE APPLICATION OF (NEXT WORD
UNDERLINED) ANY PROVISION?
AS A SEPARATE ISSUE, ON PARA 2 OF YOUR TUR, I AM AFRAID
THAT I HAVE BEEN UNABLE TO LOCATE ANY RECORD OF OUR ADVICE THAT
AN LCS COULD BE INTRODUCED BY ADMINISTRATIVE MEANS ALONE. OUR
TELNOS 480 AND 690 CLEARLY ASSUMED THAT LOCAL LEGISLATION WOULD
BE NEEDED: AND I AM INCLINED TO THINK THAT REMAINS THE POSITION.
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