CONFIDENTIAL
142033
MDHOAN 9175
LAW. BILLS HAVE EXCEPTIONS AND PROVISOS: THEY DO NOT HAVE RESERVATIONS. FURTHERMORE, IT IS MORE SENSIBLE FROM THE POINT OF VIEW OF THE READER AND LAWYER IF EXCEPTIONS OR PROVISOS ARE MORE
DIRECTLY CONNECTED TO THE PROVISION THEY QUALIFY RATHER THAN SET OUT SEPARATELY. WE THEREFORE SUGGEST THE DELETION OF PART III AND CLAUSE 2(2) OF THE BILL AND THE INSERTION OF THE RELEVANT PROVISIONS OF PART III IN THE APPROPRIATE PLACES IN PART II. AMENDMENTS TO THIS EFFECT ARE DETAILED IN MY 2ND IFT.
6
IN THIS CONNECTION WE WONDER WHETHER THE RESERVATIONS SET OUT
IN CLAUSES 9 AND 10 DO IN FACT APPLY TO HONG KONG. SINCE THE UK MADE SOME RESERVATIONS EXPRESSLY FOR DEPENDENT TERRITORIES, THERE IS AN EXPRESSIO UNIUS ARGUMENT THAT OTHERS WERE NOT INTENDED TO APPLY TO DTS. WE SHOULD BE GRATEFUL FOR YOUR VIEWS.
ADDITIONAL POINTS
7. WE HAVE SOME ADDITIONAL COMMENTS ON POINTS WHERE WE BELIEVE THE DRAFTING IS NOT FULLY ACHIEVING INVOLVE MINOR POINTS OF SUBSTANCE.
IFT.
HURD
ITS INTENDED EFFECT OR WHICH THESE ARE DETAILED IN MY 3RD
YYYY
MAIN
57
DISTRIBUTION
60
.HONG KONG AGREEMENT
.(RESTRICTED)
LIMITED
HKD
HD/FED
RESEARCH D (FE)
PUSD NEWS D
PS/MR MAUDE
PS/LORD BRABAZON
MR MCLAREN
MR BURNS
ADDITIONAL
3
MR WHOMERSLEY LEGAL ADVISERS
MS BARRETT LEGAL ADVISERS
~~~N
MR FIFOOT LEGAL ADVISERS
PAGE 2 CONFIDENTIAL