Foreign and Commonwealth Office
London SW1A 2AH
UNCLASSIFIED
John Crawford Esq
Telephone 01-
270 3287
Acting Law Draftsman
Attorney General's Chambers
Queensway Government offices HKC260
66 Queensway
HONG KONG
RECEIVED INISTRY
27 FED 1990
DESK OFFICER
REGISTRY
INDEX
РА
Action Taken
FILE (4
Your reference
Our reference
COPADE
Date
8 February 1990
Dear Mr Crawford,
OZONE LAYER PROTECTION ORDINANCE 1989
1. Please refer to a letter dated 29 July 1989 from Miss A Osman, Clerk to the Legislative Council, to the FCO
(reference (24) in CO/LC 1/34) concerning the above Ordinance.
2. Our Legal Advisers need to see the correspondence referred to in para 3 of your Legal Report of 28 July 1989 (enclosure 2 to Miss Osman's letter). We have copies of certain telegrams relating to the Montreal Protocol (Hong Kong telnos 2494, 2495, 2606, FCO telno 1758, Peking telno 1166 and UKREP JLG Hong Kong telno 36, all 1988). But our Legal Advisers would like to know whether there was any further correspondence between the Hong Kong Government and FCO about the actual drafting of the Ordinance.
3. I would be grateful if you could check your files for any such material. If there is none, it would be helpful to know what, if any, precedent you used when drafting the Ordinance.
4.
I look forward to hearing from you.
CC:
Mr Dalton, MAED
місла насок
N Hancock (Ms)
Hong Kong Department
C Whomersley
Legal Advisers
note over
CAW
Reference..
HKC200
RECEIVED IN REG' TRY
27 +EB 1990
DESK OFFICER
R
TRY
*PA
ني
37
OZONE LAYER PROTECTION ORDINANCE 1989
INDEX
I.
Actio 3.20
Please refer to your manuscript minute of 21 September 1989 and Mr Edwards' of 20 October to Mr Holroyd (copies attached). I
also return to you the top copies of the legal papers accompanying
your minute (I have retained copies for our file).
I am sorry that HKD have not replied sooner. We have been
conducting a thorough search of our files. The only correspondence
2.
on our files relating to the Montreal Protocol, 1988 is:
Hong Kong telnos 2494, 2495, 2606
FCO telno 1758
Peking telno 1166
UKrep JLG Hong Kong telno 36
(copies attached)
We have also consulted MAED, who led on this matter. They too have
no correspondence on the actual drafting of the Ordinance.
3.
I can only suppose that Hong Kong may have corresponded direct
with DOE on this matter, though it is surprising that HKD were not
copied in. The only course of action left would be to write to the
Attorney General's Chambers asking for copies of the correspondence referred to in the Acting Law Draftsman's Legal Report of 28 July
1989. I should be grateful for your confirmation first that you consider it necessary for your purposes to do so.
24 January 1990
cc: Mr Dalton, MAED
Nicda Harcour
N Hancock
Hong Kong Department
WH 304 270 3287
CODE 18-77
SUYALZ
1. These papers should, of course, all be entered on HKD's files
2. I note that the Acting Law Draftsman's
that the
Legal Report does not actually say correspondence with the FCO was about the drafting
the Ordinance, so
so I suspect that the papert below are the only ones. However, I think that
of
it would be
as well to check (and it would show Hong Kong
we do read their Legal Reports), So I should be grateful if you could write to the Altorney General Chambers and ask if there was any correspondence with the FCO about the drafting of the Ordinance (as is implied by para. 3 of the Legal Report); if not, it would be helpful to know what, if any, precedent the Draftsman used when drafting the Ordinance
5/2/90
C.A. Whamersley Legal Advisers