COD
18-77
M
Hi Whamersley
Mr Holroyd coyd
HKD
Attaghad
Kurland
Mr Holroyd
Reference
papers
on the
I have retained the Deutsche Bank Bill, and I should Put and be grateful if you could return the 23/2 papers on the Den Norske Bill, I can compare the two
DEN NORSKE BANK BILL 1990
so that
CAN
20/2/90
1.
I enclose a letter which I have received from Mr Allcock in the Attorney General's Chambers in Hong Kong concerning the above Bill.
2.
I have some immediate comments on the drafting of this Bill, which are as follows:-
(i) Clauses 5(2) and (3), and 11(2)(a) and (b), might be expressly stated to relate only to property in Hong Kong or governed by the law of Hong Kong.
(ii) Clause 2(2) covers property throughout the world and I think that this may give the wrong impression, given in particular that clause 4 is restricted to property in Hong Kong or subject to Hong Kong law.
(iii) I would have thought that the present drafting of clause 3 would be liable to give rise to uncertainty.
(iv) The words "or which is derived from the Hong Kong business of DnC" seem to me to be rather vague.
(v) I was surprised by the terms of clause 11(2)(c), which might give a rather remarkable power to a private individual.
However, before I convey these comments to Hong Kong, I should be grateful if you would find for me the papers relating to the Deutsche Bank (Merger) Ordinance which Mr Allcock refers to.
3. None of these points seem to me to be such as to affect the clearance of this Bill by the Treasury and the Bank of England, and it may be prudent to consult them about it now so that we do not waste any time on this at a later stage.
7 February 1990
C.A. Whomersley
note.
above.
No Wilmerlang
CW3 ABU
1. I have
CA Whomersley Assistant Legal Adviser K171 270 3075
workten
to the Treaming
and Bank of England, reching comments
on the