GOVERMENT HOUSE HONG KONG.

TUE 25 MAY 93 07:40

PG.05

local

3

CONFIDENTIAL

legislation similar to the U.K. Act so that the legal capacity of such corporations in Hong Kong is put beyond doubt. Apart from achieving this purpose, the Bill also provides for stability and continuity in trading relations with territories which may become non-recognized states temporarily because of political changes.

THE BILL

6.

The Bill models on the U.K. Act closely. Clause 2

provides that where a question arises as to whether a

corporation incorporated under the laws of a territory recognized by the U.K. as a State, and the territory are at that time applied by a

system in that territory, the question of corporation should be regarded as having legal personality as a body corporate in Hong Kong and other questions shall be determined as if that territory

which is not

laws of that

settled court

whether the

material

were a recognized State.

7.

Clause 2 (3) puts it beyond doubt that acts done before commencement of the Ordinance are and always have This retrospective aspect of the Bill is not contrary to the Bill of Rights which only deals with retrospective criminal offences and penalties.

been valid.

CONFIDENTIAL

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