37017
9.37017.
p.a.
40
FROM:
RECEIVE
ISTRY
15 DEC 1993
Jill Barrett
Assistant Legal Adviser
K174 270 3381
DESK CLER
RECISTRY
DATE:
9 December 1993
PA
ion Taken
Dr Wyver HKD
ADAPTATION OF LAWS: PAPERS 6, 7 & 8
39
1. I refer to the letter from Mr Chin dated 6 December responding to our comments on Papers 6, 7 & 8.
2. In relation to Paper 6, I am not sure that I am fully convinced by his explanation for not amending the term "foreign notes" in relation to Chinese notes, but as HKG seem confident that they can justify this decision to the Chinese side I see no reason why we should not let them go ahead and try.
3. In relation to Paper 7, his response to para 7 of your letter is not very explanatory. It seems from the (Amendment) Ordinance 1993 which he enclosed that most of the additions we suggested are unnecessary. However, I still consider that proposal (g) should include reference to section 16 (2), since the new wording substituted by the Amendment Ordinance contains two references to the Governor.
4. It is irritating that we were previously unaware of the existence of this 1993 Amendment Ordinance. The Legal Library normally receives copies of the Hong Kong Gazette, but apparently some never arrived, including the one containing this Ordinance. I have discussed with them ways in which their cross-referencing system might be improved so as to avoid these kinds of gaps occuring. Meanwhile, you might ask HKG if they could help us by drawing our attention to amending legislation which we need to be aware of when studying their adaptation papers.
5. It occurs to me to wonder whether the Chinese will be made aware of all the amendments to the Ordinances which are the subject of adaptation proposals. I assume that HKG provide the Chinese with a complete set of the relevant legislation together with each paper, so the problems we have had would not arise. However, I wonder whether there might not be an argument for referring to the amending legislation in the papers given to the Chinese, or listing it in an annex. It may be that this is already done; if so, it would be helpful if they would copy those annexes to us.
Jill Band
Jill Barrett