布政司署
香港下亞畢道
CONFIDENTIAL
GOVERNment sECRETARIAT
LOWER ALBERT ROAD
HONG KONG
* Our Rer.
CAB E2/19/2 & E2/19/3
來医號 YOUR REF
Jonathan Marshall Esq
Hong Kong Department
Foreign and Commonwealth Office
London
United Kingdom SW1A 2AH
下
370130
September 1993
93
TRY Tuken
Dear Jonathan,
Adaptation of Laws Papers 2 and 3
Thank you for your fax of 8 September 1993, concerning the captioned adaptation
We have our legal advisers, and would like to respond as
consulted
follows
Paper 2: Marriage Ordinance (Cap. 181)
papers.
Yes, the term "Chief Executive in Council" will need to be defined in the Interpretation and Clauses Ordinance (Cap 1), when that is adapted. Paper 2: Marriage Reform Ordinance (Cap. 178)
General
3.
The reference to the Governor in the definition of 'appointed day' in section 2 does not need to be adapted as the power to appoint a day has been exercised. For the same reason, it is not necessary to adapt 'Governor' in section
We agree that the problem could be addressed in oen of the ways suggested by you, but we would prefer simply to add
note to the paper explaining that the references do not need to be adapted. There are several other 'spent' provisions in the Laws of HK which we do not propose to adapt.
Paper 3: Legitimacy Ordinance (Cap. 184)
The definition of 'Court' in section 2 of Cap. 184 which appears in the loose-leaf edition of the Laws of Hong Kong is in fact incorrect. The 1981 amendment substituted 'Supreme Court' for High Court', which is why we need to adapt it. We hope to issue a correct loose-leaf version of the Ordinance as soon as possible. In the meantime, we will include a note in the consultation paper explaining to the Chinese side why we include the proposal.
CONFIDENTIAL
Co