CO129-486 - Public Offices - 1924 — Page 127

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MINUTES.

are have

Jay

please?

your

Any

Concurmanent

And the

wake cubject to the stars

of Son of Harry.

B 1923/6/24

Mr.Coins.

I do not think it is

necessary for us to examine the

whole of this lengthy draft Order

in Council in detail.

This is all right so far

as our Hong Kong Judges are con-

cerned.

This Article is direct

legislation for Hong Kong. The draft Order (see enacting words)

is to be made under the powers by

the Foreign Jurisdiction Acts or

otherwise in His Majesty vested,

and the words "or otherwise" cover

the power under the Hong Kong

Letters Patent vested in His

Majesty to legislate for the Colony by Order in Council.

We have many Orders in

Council for East and West Africa

(made under the Foreign

Jurisdiction Act or otherwise)

similarly

MINUTES NOT TO BE WRITTEN ON THIS SIDE.

Article 22.

Article 91.

Article 187

126

similarly applying to both Colonies and Protectorates.

Part VII is a consolida- tion of the China (Companies) Orders of 1915 and 1919 and appears to be quite correct.

Article 203 is an addition

as to which I think we had correspondence (which may have been semi-official) with the

It is a salutan

provision which requires no

comment.

A Foreign office.

Second Schedule.

8.

I suppose the 1877 Order in Council relating to the juris- diction of the Supreme Court of Hong Kong in China is regarded as obsolete, i.e. that that Court never exercises this jurisdiction now and the Supreme Court for China in practice exercises ex- clusive jurisdiction. again, I thought we had had correspondence with the Foreign Office on the subject of the proposed repeal of this Order but I cannot find any papers in this bundle bearing on the

matter.

Here

The Foreign Office will

not like the delay entailed by obtaining the observations of the Governor of Hong Kong (who is

not

1