*TRANSFERRED FROM HICC 370/11 ©*
HKC370/13
Мав
Mak Pan
26/6
JUN 1991
Lette to mod
Bus July
Par 2716
FROM: Miss S Brooks
Legal Counsellor 270 3069
K199
DATE: 26 June 1991
CC:
Mr Chamberlain
6
Ms Major
HKD
CROWN PROCEEDINGS ORDINANCE
A Claims against British Forces
re para 2
Seen 16/7 Spike to MOD. They their larryers for a
ave chasing
приго
My comments on the Bill to amend the Crown Proceedings Ordinance are as follows.
1.
11
25 16/7
It is
a) Section 7 A (2)(a) of the Bill refers to "an imminent national danger
This is language drawn from Section 2(2)(a) of the Crown Proceedings (Armed Forces) Act 1987. I am unclear whether "national" is appropriate. not clear to me whether the danger referred to is intended to be one which threatens Hong Kong or the UK. If it threatens the UK, the word "national" is acceptable, whereas it is not in the case of Hong Kong. I think it is probably a danger threatening the UK but if it is one which threatens Hong Kong, the wording would have to be amended to read, for example "an imminent danger threatening Hong Kong." I suggest you check with the MOD what they consider should be inserted.
b) Section 7 A (2)(b) of the Bill. I suggest, as a matter of grammar, deleting "of" in the second line.
c) It is unclear to me why there is no equivalent in the Bill to sections 2(4) and 5(2)(a) and (b) of the 1987 Act. Perhaps we could ask Hong Kong.
d) I am also unclear why Section 8(6) of the Crown Proceedings Ordinance is to be repealed. Section 8 of the Ordinance as a whole ceases to have effect with the exception of matters arising before the commencement of the Ordinance which is at present the Bill, unless revived by Order of the Governor. I see no reason why Section 3(6) should not similarly cease to have effect rather than be repealed. does it seem to be consequential on the enactment of new section 8 A of the Bill since section 8 A is concerned with Section 34 of the Ordinance. Section 8(6) of the Ordinance relates only to Section 8 and is not connected with Section 34. Let us ask Hong Kong.
Nor
/2.