ERMENT DE LA
布政司署
香港下亞厘畢道
CAB E2/19/9
**** Our Ref.:
來函檔號 Your Ref.:
FG.OL
CONFIDENTIAL
BY FAX
GOVERNMENT SECRETARIAT
LOWER ALBERT ROAD HONG KONG
23 December 1993
42
Ms W A Wyver
Hong Kong Department
Foreign & Commonwealth Office
Whitehall
SW1A 2AH
Dear Wo
Wendy.
pai
370/7
370/7
RECEIVED I
STRY
29 DEC 1993
DESK
that
Adaptation of Laws: Paper No. 9
36
We
Thank you for your letter of 22 November 1993. We agree with your comments in paragraphs 4, 5, 8 and 10 of
letter and are grateful for your careful scrutiny. have accordingly amended paper no. 9 in para 5(c), 5(e), 8 (c) and 9(c), and added a new 9 (d) to remove "Royal" from references to the Royal Hong Kong Auxiliary Police Force in Cap. 1120.
2.
In respect of four of the Ordinances you asked two questions about savings clauses in "private ordinances". The first question (in your para 2) is whether "Her Majesty the Queen, Her Heirs or Successors" should be replaced by a reference to the CPG. After careful consideration of this suggestion, our legal advisers are of the view that the appropriate adaptation of "Her Majesty etc." is "the Government" (i.e. the Goverment of the HKSAR after 1997). This is because
(i).
even at
(ii)
present the
:
saving must refer to Her Majesty in right of Her Government in Hong Kong; there is до
local question of a
Ordinance affecting the rights of Her Majesty elsewhere;
་་
after 1997, the saving will only refer to rights which could subaist. The CPG will have no residual prerogative rights over the HKSAR, even if Her Majesty, has such rights now. The HKSAR will in fact be more autonomous than Hong Kong in this regard.
•
CONFIDENTIAL