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with in a separate section with a different heading. The policy behind this question would seem to be crucial here. Since such contracts are often likely to be ordinary cross-border consumer contracts, it might well be appropriate for the consumer to be afforded the protection provided by the Ordinance against exemption clauses. If you decide to protect such contracts, a different sort of amendment to section 6 will be required.
Paper No 7
5. In Proposals (a) and (b) a slight change of substance is being proposed, in that the formal action (appointment or dismissal of the Director of Audit) is to be taken by the CPG rather than the Chief Executive, whereas at present the action has to be taken by the Governor. While there is in practice little difference between an appointment made by the CPG upon the nomination of the Chief Executive on the one hand and an appointment made by the Chief Executive with the prior approval of the CPG on the other, we would be interested to know why you propose to make this change.
6.
We wonder why, in proposal (c), you propose to transfer to the CPG the power of the Governor to appoint with the prior approval of the Secretary of State, raher than adapting this provision consistently with section 3(1) ie appointment by the CPG upon the nomination of the Chief Executive.
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7. In proposal (g), which proposes replacement of various references to the Governor by references to the Chief Executive, we would have expected to see included the additional references to the Governor in sections 12(2), 12 (2A), 16 (1) (a) and 16 (2) which we find in the authorised loose-leaf edition of the Ordinance.
8. The proposals do not mention the references to "the Governor as president of the Legislative Council" in sections 12 (3) (a) and 13 (1). We presume that the appropriate adaptation would be to delete "Governor as", but presume that this must have been done already by an amendment to the ordinance, as the Governor is no longer President of the Council. It would seem that the authorised loose-leaf edition of the Ordinances which we have is out of date. Are we missing some recent supplementary pages, or have you not yet published recent legislation in this edition? We would be grateful for information about the updating service.
Paper No 8
9.
Our Legal Advisers suggested a few alterations to para 3 of the Analysis & Discussion paper attached to these proposals. They would prefer the first 2 sentences to read:
"In considering how to adapt the expression "This Ordinance binds to Crown" or those expressions of similar wording to the
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