CONFIDENTIAL
FM FCO
TO PRIORITY HONG KONG
TELNO 94
OF 23100OZ JAN 92
CONFIDENTIAL
Нас оготн
$
030645/2
MDLOAN 5244
TOP COPY Q DIST ? *
YOUR TELNOS 2812 (1991) AND 182: FOREIGN CORPORATIONS ACT 1991
1.
WE REGRET THAT, DUE TO AN OVERSIGHT, YOU DID NOT RECEIVE A RESPONSE TO YOUR FIRST TUR.
2. YOU ASKED IN EFFECT WHETHER THE FOREIGN CORPORATIONS ACT 1991 CAN BE EXTENDED TO HONG KONG. ALTHOUGH THE ACT EXTENDS TO NORTHERN IRELAND, IT APPEARS THAT IT EXTENDS ONLY TO THE UK AND NOT TO OTHER PARTS OF UNITED KINGDOM TERRITORY. THERE IS MOREOVER NO POWER TO EXTEND THE ACT TO UK DEPENDENT TERRITORIES BY ORDER-IN-COUNCIL. AS A RESULT THE ONLY WAY IN WHICH HONG" KONG COULD BENEFIT FROM LEGISLATION OF THIS KIND WOULD BE BY MEANS OF AN ORDINANCE.
3. AMENDING THE ACT TO INCLUDE A POWER TO MAKE ORDERS-IN-COUNCIL WHICH EXTEND THE ACT TO THE DEPENDENT TERRITORIES IS NOT A SERIOUS OPTION. THIS IS A PITY SINCE WE CAN SEE THAT IT WOULD BE POLITICALLY EASIER VIS-A-VIS CHINA TO EXTEND THE ACT BY ORDER-IN-COUNCIL RATHER THAN CONSULTING THE CHINESE OVER LOCAL LEGISLATION. BUT WE SEE NO ALTERNATIVE TO ENACTING LOCAL LEGISLATION ON THIS SUBJECT.
HURD
YYYY
MAIN
66
LIMITED
HKD
FED
ERD
PUSD
WIAD
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DISTRIBUTION
68
RAD
PS/LORD CAITHNESS
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SIR J COLES
MR BURNS
MS BROOKS, LEGAL ADVISERS
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CONFIDENTIAL