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(C) WE DO NOT UNDERSTAND YOUR QUESTION: THE TERM 'CROWN SERVANT' IS TO BE DEFINED AS IN SECTION 12(1) OF OUR DRAFT.
(D) THE OMISSION OF 'BRITISH SUBJECT' WAS DELIBERATE, GIVEN THAT IT IS ONLY A RESIDUAL CATEGORY UNDER THE BRITISH NATIONALITY ACT 1981, AND HAS NO DIRECT RELEVANCE FOR HONG KONG. THE DEFINITION OF BRITISH NATIONAL IN OTHER RECENT ORDERS IN COUNCIL HAS NOT INCLUDED THE TERM, SEE E.G. S.6(1) OF S.I. 1990 NO 2291. BUT SEE FOR A DIFFERENT PRECEDENT THE OUTER SPACE ACT 1986 CHONG KONG) ORDER 1990 (S.I. 1990 NO 591). WE HAVE NO STRONG VIEWS EITHER WAY.
(E) OUR INTENTION IS THAT THE GOVERNOR SHOULD BE ABLE TO APPOINT E.G. THE SECRETARY FOR SECURITY TO NOTIFY PERSONS UNDER SECTION 1(6) OF THE ACT. THERE IS A PRECEDENT FOR GIVING SUCH POWER IN THE DEFINITION OF GOVERNOR IN E.G. ARTICLE 91(1) OF THE AIR NAVIGATION COVERSEAS TERRITORIES) ORDER 1977 (S.I. 12977 NO 422). IT OCCURS TO US, HOWEVER, THAT IT WOULD ALSO BE USEFUL TO DEFINE 'GOVERNOR' IN SIMILAR TERMS TO PARAS (1) TO (C) OF THE DEFINITION IN SECTION 3 OF THE INTERPRETATION AND GENERAL CLAUSES ORDINANCE (CAP 1), WITH POWER TO APPOINT AN OFFICER IN ADDITION. SEE OUR SUGGESTED TEXT IN RESPONSE TO YOUR DRAFT IN PARA 5 BELOW.
(F) WE DO NOT READ THE DEFINITION OF INTERNATIONAL ORGANISATION' IN SECTION 13(1) AS MEANING ONE OF WHICH ONLY TERRITORIES ARE MEMBERS, BUT AS MEANING ONE OF WHICH ONLY ENTITIES WHICH ARE EITHER STATES OR TERRITORIES ARE MEMBERS, I.E. A MIX OF STATES AND TERRITORIES. THIS DERIVES FROM THE DEFINITION OF 'STATE' IN SECTION 13 OF THE ACT, AND IS CONSISTENT WITH HONG KONG'S STATUS IN E.G. THE GATT, ADB ETC.
(G) THE WORDS IN SQUARE BRACKETS IN SECTION 13(1) ARE NOT NEEDED IF THE WORDS TERRITORY OR STATE' ARE USED WHENEVER THE ACT USES THE WORD 'STATE'. THIS IS TO COVER NOT ONLY TAIWAN BUT ALSO HONG KONG ITSELF.
(H) NOSTRA CULPA. PLEASE INSERT 11911'.
3. PARA 2 OF TUR: NOTED WITH THANKS.
4. PARA 3 OF TUR: WE AGREE '1 SEPTEMBER 1991'. IN ORDER TO AVOID ANY EMBARRASSMENT OVER THE PUBLICISING OF THE ORDER, WE SHOULD BE GRATEFUL FOR YOUR ASSURANCE THAT NO PUBLICITY WILL BE GIVEN TO THE ORDER IN UK BEFORE 1 SEPTEMBER 1991.
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