p.a. 370/15.
Huc 340/15
RivcX
TUNUM 1993
Reference..
FROM: Ms SJ Dickson Assistant Legal Adviser K268 270 3284
9 November 1993
Ms Wyver
Hong Kong Department
LOCALISATION OF LAWS: PREVENTION OF TERRORISM
3
1. I refer to your minute of 4 November to Ms Barret, which it was agreed I should respond to.
2.
I agree with David Chin that Schedule 1 to the 1989 Act will apply to Orders made under the 1870 Act which are in still force. Therefore, I think that paragraph 1 of his proposed draft reply is correct, although I would suggest saying "has the effect" instead of "provided" at line 6.
3. In relation to the second paragraph of the reply, I think that we have to point out to Mr Chin that paragraph (not article) 16 of the Schedule provides that all powers vested in or acts authorised or required to be done under the Schedule by the Secretary of State "may be done" by the governor of the colony alone. It is thus still possible for the Secretary of State to exercise the powers. I consider that it would be at the Governor's discretion to exercise the powers himself or ask the Secretary of State to exercise them on his behalf, and I imagine that in practice the Governor of Hong Kong exercises all the relevant powers himself. I agree that no delegation or transfer of power from the Government is necessary in relation to the exercise of the powers under the Schedule.
4.
On a slightly different point, I note also that paragraph 16(a) of the Schedule says that extradition requests "may" be made to the governor, which seems to give foreign States discretion whether to make an extradition request directly to the governor or through the diplomatic channels to the United Kingdom authorities. You may wish to point this out to Mr
Chin.
Dickson
Susan J Dickson
CODE 18-77
α.
cc. J... Barnett, Legal Advisers.