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律政司署
刑事檢控科
香港金鐘道六十六號
金鐘道政府合署高座五樓
Tel. No.: 5-8622272
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Reply sent - 24/8
Откри
ATTORNEY GENERAL'S CHAMBERS PROSECUTIONS DIVISION
5/F QUEENSWAY GOVERNMENT OFFICES 66 QUEENSWAY, HIGH BLOCK HONG KONG
Telex: 81710 HKAGC HX Fax: 852 5 294236
23rd July 1987
WITH 380/3
Mr. J. Thomas,
KELEIVEL
Hong Kong Department,
Foreign and Commonwealth Office, London, SW1A 2AH.
2 8 JUL 1987
taker,
Dear Mr. Thomas,
Mek
Hong Kong Forgery and Counterfeiting Provisions
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You may recall that (in response to a letter of 1 December 1986, Mr. Philip Dykes of these Chambers) your telno. 816 of 18 March 1987 confirmed that there appeared to be no difficulties in our proceeding to replace Hong Kong's forgery and coniage provisions by an Ordinance on the lines of the Forgery and Counterfeiting Act 1981.
the
In his letter, Mr. Dykes had noted that " Counterfiet Currency (Convention) Act 1935 applies to Hong Kong
" and your telno. 819 expressed the assumption that we would include in the new Ordinance " ... appropriate provisions to give effect to our obligations under the currency convention of 1929". It seems that we were agreed that both the 1935 Act and the International Convention for the Suppression of Counterfeiting Currency, 1929, applied to Hong Kong.
Having now looked further into the matter, it appears that neither the 1929 Convention nor the 1935 Act applies to Hong Kong.
Article 24 of the Convention provides that in the absence of a contrary declaration the provisions of the Convention shall not apply to colonies etc. We have not been able to identify any declaration ever made by the U.K. in respect of Hong Kong although a declaration was made in respect of most other colonies on 13 October 1960. The 1935 Act is itself silent on whether it applies to colonies to which the treaty is applied
but in any event would seem to have no application to Hong Kong since it was expressly enacted to give effect to the 1929 Convention and that Convention, as I have noted, does not appear to apply to Hong Kong.
14
380/5 (1986)
11
Rach Fin
'27/9
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