1
GOVERMENT HOUSE HONG KONG.
FRI 65 NOV 93 06:53
PG.03
CONFIDENTIAL
ANALYSTS
3.
how
In considering to
adapt the
ĥ
expression "This
Ordinance
F
binds to Crown" or those expressions of similar wording to the Basic
have assumed that, firstly
Law, we hold on to the beliefs that the common law rule in section
jes
66 of Cap. 1 would be retained and secondly, the FRC Government
distract from the agencies would be treated as separate entity which is not covered
by HKSAR Government. Whether such agencies would be offered State
immunity and privileges should be considered separately when the
subject of State immunity comes up for discussion.
PROPOSALS
4.
This paper proposes to adapt the expression "This
Ordinance binds the Crown", to become "This Ordinance binds the
Government" (i.e.<<HKSAR Government) in three ordinances which mainl;
concern the application of legal principles and rules. The details
of the proposals are as follows :
1
(a)
A
(b)
Misrepresentation Ordinance (Cap. 264). This Ordinance
provides for the law relating to the misrepresentation ir
contract. It is proposed that section 7 should be amended
by replacing the word "Crown" with "Government",
This
Perpetuities and Accumulations Ordinance (Cap. 3571.
Ordinance stipulates the law relating to the avoidance of
future interests in property on grounds of remoteness and
governing accumulations of income from property. It
proposed that section 3 (4) should be amended by replacing
the word "Crown" with "Government"
CONFIDENTIAL