• An-New File (colonial

Miss Brooks

Legal Counsellor

Regulations) BP $617.

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Reference

HKA 025/1

2 AUG 1993

CODE 18-77

COLONIAL REGULATIONS

1.

As you know, I have been in correspondence with Hong Kong about the proposed re-printing of the Colonial Regulations. After further thought, HKG have now written to suggest that, instead of incorporating the various additions which have been made in respect of Hong Kong into the re-printed version which WIAD are preparing, it might be better to have a separate set of "Hong Kong Regulations" which would apply only to Hong Kong.

2. In the current Colonial Regulations, HKG have identified three basic types of regulation which are applicable to Hong Kong:

- those such as the new CR 93 (in relation to the Limited Compensation Scheme) which will lapse when CRS lapse in 1997 and do not need to be replaced in local SARG legislation or regulations

those such as the Disciplinary Regulations which will need to be included in the new SARG legislation or regulations so that they will continue beyond 1997

those covering appointments and promotion which are already spelt out in HKG's Civil Service Regulations (CSRs) and which will survive 1997 as CSRs.

3.

HKG think that a separate set of HKG regulations would be a good idea because "Colonial" Regulations does not seem the ideal way to describe regulations applicable to Hong Kong at this stage. They also think that it would be useful to eliminate all CRS which are already catered for in their CSRS or which are antiquated, redundant or misleading and which might lead the Chinese to think that they need to seek approval for matters which they have been doing themselves for decades. Apart from CR93, they would therefore envisage Regulations covering discipline and little else.

4.

I would be grateful for your views on the practicality of HKG's proposal. In theory, it seems a sensible idea, especially given that the latest word from Mark Herdman, WIAD is that his contract may not be extended to cover the work on updating the CRS. In this case, there would be little point in us arranging for a re-print just to include HK amendments when so many of the regulations will be out of date for WIAD's territories. Also, many of the regulations which still apply to other DTS (appointment of Governors, Transfer

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