(E)
(G)
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UNDESIRABLE TO DO SO SINCE IT WOULD SET A MOST UNSATISFACTORY PRECEDENT FOR OUR LAWS. AS IT HAPPENS, WE HAVE A PRECEDENT IN HONG KONG LEGISLATION FOR THE TERM ''SECURITY, DEFENCE OR INTERNATIONAL RELATIONS (INCLUDING RELATIONS WITH ANY INTERNATIONAL ORGANISATION) IN RESPECT
OF HONG KONG
SEE SECTIONS 14(3) AND 15(3) OF THE
COMMISSIONER FOR ADMINISTRATIVE COMPLAINTS ORDINANCE (CAP. 397). NOTE HOWEVER THAT THE WORDS WE PROPOSE FOR SECTION 3(5) OF THE OS ACT ARE ''WITH RELATIONS OF HONG
KONG WITH ANOTHER TERRITORY OR STATE OR WITH AN INTERNATIONAL ORGANISATION'' RATHER THAN ''INTERNATIONAL RELATIONS OF HONG KONG
1 T
"
WE ASSUME YOU ARE NOW CONTENT WITH THE DEFINITION OF
'CROWN SERVANT''.
OUR PREFERRED DEFINITION FOR 'GOVERNOR IN S13(1)
WOULD READ
'''GOVERNOR MEANS THE GOVERNOR OF HONG KONG,
ACTING GOVERNOR AND ANY DEPUTY TO THE GOVERNOR, AND INCLUDES ANY PERSON AUTHORISED BY THE GOVERNOR
TO PERFORM ANY OF HIS FUNCTIONS UNDER THIS ORDER.
THE
TI
·
(H)
(I)
WE AGREE WITH YOUR SUGGESTION.
YES. YOUR PROPOSED MODIFICATIONS ACHIEVE THAT RESULT.
SECTION 11 (5) WE WOULD LIKE TO MAKE ONE FURTHER SMALL CHANGE: THE PHRASE 'BEFORE ANY MAGISTRATE: SHOULD READ ''BEFORE A MAGISTRATE''.
EXPLANATORY NOTE THE SORT OF THING WE WOULD LIKE IN THE PRESENT
CASE IS SIMILAR TO THE CRYPTIC NOTES CONTAINED IN THE S.I.S REFERRED TO ABOVE, E.G. ''SUBJECT TO MODIFICATIONS AND EXCEPTIONS SPECIFIED IN SCHEDULE 2' (S.I. 1988 NO. 791) AND ''SUBJECT TO EXCEPTIONS, ADAPTATIONS AND MODIFICATIONS'' (S.I. 1986 NO. 2226).
FORD
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