CONFIDENTIAL

5. I do not think that any corresponding provision needs to be made in relation to those areas in the present Bill comparable to eg Section 13 (5) and Section 15 (1) of CAP 89 in respect of pensioners not resident

in Hong Kong.

is

Any such provision cannot outlast 1997 and the function on a different level from those functions relating to the general scope of pensions legislation.

6. With regard to those exceptional clauses referred to in paragraph 1 of this minute I have the following comments:

1)

2)

It is not clear to me why the relevant functions in clause 29 are conferred on the Governor whereas those in clause 27 are conferred on the Governor in Council;

Clause 33 is a Henry VIII and a half clause. What justification is there for permitting the Governor to modify the application of any provi- sion?

Paul Fifoot Legal Advisers

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