CODE 18-77
Reference...
CONFIDENTIAL
Miss Tricia Fletcher Royal Matters Unit OAB SG/101
нис
370/17
p/a
now file please
3
ADAPTATION OF LAWS. Excitement!
ADAPTATION OF LAWS IN HONG KONG: THE CROWN IN RELATION TO LAND AND NATURAL RESOURCES
1.
I attach copies of Hong Kong telnos 2604 and 2605. The latter is the draft text of a consultation paper which Hong Kong Government wish to hand to the Chinese in December.
The paper explains Hong Kong Government's proposal to change references to "the Crown" in all Hong Kong Ordinances connected with land and natural resources to read "the Government", in preparation for the handover to Chinese sovereignty in 1997. Hong Kong Government is adapting laws so that they will be compatible with the Basic Law (Hong Kong's mini-constitution after the handover) whilst remaining compatible with the Royal Instructions and the Letters Patent during the remaining years of British sovereignty. Some laws of course can only be changed on the "stroke of midnight" in 1997.
2.
We do not believe this particular proposal will cause any problems with the Chinese. Similar measures have already been agreed with the Chinese on the wording of lease documents.
3.
I would be grateful for your views on whether the Palace need be consulted on this matter. I would also be grateful for comments from Legal Advisers on the draft paper. In view of the timescale a response by the end of the month would be appreciated.
4.
As you know Hong Kong recently proposed amendments to the Post Office Ordinance in a similar exercise. We have asked Hong Kong for a list of likely future amendments which would affect the Crown, so that we can clear the principle of these in one package. If we need to seek Palace views on the land and natural resources question this could be done at the same time.
Jonathan Madball
J N Marshall
Hong Kong Department WH305 270-3287
3 November 1992
cc+encs: Mr Chamberlain, Legal Advisers
CONFIDENTIAL