Dr Wyver HKD
НКС 37017
RECENED IN FEGISTRY 22 NOV 1993
FROM:
p.a.
370/7.
37)
Jill Barrett
Assistant Legal Adviser
K174 270 3381
REGISTRY
on Taken
DATE:
19 November 1993
HONG KONG: ADAPTATION OF LAWS: PAPER NO 9
31
1. I refer to your minute of 12 November requesting comments on HKG's ninth draft consultation proposal on adaptation of laws.
1085)
2. Education Scholarships Fund Ordinance (Cap. Proposal (b) is to replace the reference in section 22 to Her Majesty, etc., by reference to "the Government", and in due course to propose that this be defined as the Government of the HKSAR. Since there is some assymetry in this proposal, it might attract questions from the Chinese, who might wonder why the reference is not to be made to the CPG.
3. Section 22 provides that nothing in the Ordinance shall affect the rights of Her Majesty, etc., except such as are mentioned in the Ordinance. It is difficult to comment on the appropriateness of the proposed adaptation without knowing what rights of Her Majesty are preserved by this section. I would be grateful for HKG's advice on this point, and on which of those rights are also enjoyed by HKG at present or will be enjoyed by the SARG. I also wonder what the effect would be of simple deletion of the reference to Her Majesty, etc., and whether that has been considered as a possible alternative adaptation.
4. To proposal (c) I would suggest that the reference to the Governor in section 6(2) be added.
5. In proposal (e), the words to be replaced should be "the colony".
6. Social Work Training Fund Ordinance (Cap. 1100)
My questions in para 3 apply to proposal (b).
7. Police Children's Education Trust Ordinance (Cap. 1119)
My questions in para 3 apply to proposal (b).
8. To proposal (c) should be added the reference to "Royal" in the long title.
9. Police Education and Welfare Trust Ordinance (Cap. 1120)
My questions in para 3 apply to proposal (b).
10. To proposal (d) should be added section 10(3).