7. The definition in section 13 subsection (1) of "international organisation" and the related point in subsection (2) and (3) cause me problems. I am unaware of any international organisation of which only territories are members. Are Hong Kong aware of any such organisation; if not, I suggest, that there is no need to amend the definition of "international organisation" in section 13(1) or subsections (2) and (3).

8.

I note Hong Kong wish to remove the square brackets from language in section 13 subsection 1. Please ask them what cases they are trying to cover (Taiwan?) by the language in square brackets.

9.

Please inform Hong Kong that we assume that the omission of "1911" in the provision on extent of repeal of the 1920 Act (see the Schedule to the Act) is deliberate.

10. You should also explain to Hong Kong that the Schedule to the Order is drafted in this way, not as in their draft Schedule for a "vires" reason advanced by the Counsel to the Speaker of the House of Commons. I am aware of precedents such as the Protection of Trading Interests Act 1980 (Hong Kong) Order 1990 on which Hong Kong may have modelled their draft Schedule and which set out the text of the modified Act rather than spelling out the modifications. The way Hong Kong would prefer it to be done is much easier for the reader of the future Order and for the draftsman.

11.

The reference to Hong Kong permanent residents is acceptable. They are the nearest to "Hong Kong nationals" that Hong Kong can have.

12. Finally, please ask Hong Kong when they would like the Order to enter into force. I suggest 1 September 1991.

13. Please ask Hong Kong for urgent comments. The 18th July deadline for the Privy Council is very tight and there is at present no other Council until after 15th September.

Shelaph в обка Brooks

S Brooks

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