265

CODE 18-77

Mr Furness (HKD)

IVORY

Mr. Paul. Shake I send a chaser and at the same

Reference......

time

points

IN

MKC IS!

7 TRY

seek compration

these

Mtune 100

of

I have discussed this matter with min foot, aind

he has drawn my attention to section 34 of the Interpretation & General Clauses Ordinance (copy attached). You will see that sub-section (2) provides that subsidiary legislation may

as a result of

be amended a resolution of the Legislative Council, but "without prejudice to anything

done thereunder"

in other words, this clearly

contemplates that the legislation may come into force and then later be amended.

2. However, it may be that there is a practice in Hong Kong whereby subsidiary legislation is not normally brought into force until after the 28 day period prescribed by section 34(2) has expired If there were such a

practice (which would be entirely understandable), the Governor may need to explain why he has not followed the normal practice; I suggest that he could exbir that

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