CONFIDENTIAL
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given that we wish to establish our right to sue in Hong Kong, think it will be hard to avoid applying any amendment to the Crown in right of HMG in UK. Otherwise we would have an anomalous situation whereby MOD/British Forces had rights in Hong Kong that differed from those of the rest of HMG. You may therefore need to take further advice from OGDS before proceeding.
4. Assuming that all parties are content, and that drafting during these lines is not already under way as part of the Basic Law process the way ahead would seem to be for the Hong Kong Government to draft appropriate amendments to the Crown Proceedings Ordinance and to submit them for our scrutiny and that of other interested Government Departments. I understand that Kim Salkeld, of the office of the Secretary of Security, is dealing with other aspects of the British administration and garrison, and the implications for local legislation. He may be an appropriate point of contact for you within the Hong Kong Government. Also, I understand that the Local Agents of the Treasury Solicitor, Messrs Hastings and Co and Messrs Munro and Claypole, are familiar with the problems facting the MOD, and they no doubt can be consulted if any further information is needed locally
Yours,
Sohn Dickinson
Copy to:
PL LS Legal
PL LS Claims
Area Claims Officer, Hong Kong
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CONFIDENTIAL