TNAG-0455-FCO40-520-Minting-of-new-coins-for-Hong-Kong-1974 — Page 10

CONFIDENTIAL

28

Cn 290

-EDIATE

CYPHER/CAT A

FM HONG KONG 171015Z

CONFIDENTIAL

HKK 5/38

TO IMMEDIATE FCO TELNO 1260 OF 17 DECEMBER. 1974

YOUR TELNO. 1097:

COMMEMORATIVE GOLD COIN.

EXT

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1. OUR LEGAL ADVICE IS THAT GOLD COINS CONTAINING ELEVEN-TWELFTHS GOLD AND ONE TWELFTH COPPER 1.E. 22 CARAT GOLD CANNOT BE BROUGHT INTO THE DEFINITION OF MIXED METAL AND THAT A GOLD COIN CANNOT BE ISSUED UNDER THE HONGKONG COINAGE ORDER. IT WAS FELT ORIGINALLY THAT WE COULD, BY STRAINING LANGUAGE OF THE ORDER, USE THE TERM MIXED METAL FOR THE ISSUE OF THIS PARTICULAR COIN. HOWEVER, THE VARIOUS COINAGE ACTS, COMMENCING IN 1870 AND ENDING IN 1971, WHICH PRESERVE THE QUEEN'S PREROGATIVE RIGHT IN RELATION TO COINAGE IN THE COLONY, DEAL SPECIALLY WITH ''GOLD COINS'' AS BEING ELEVEN- TWELFTHS PURE COLD AND ONE-TWELFTH ALLOY (SEE THE SCHEDULE TO THE 1870 COINAGE ACT AND SEE ALSO THE SCHEDULE TO THE 1871 COINAGE ACT), THESE ACTS ALSO TALK OF MIXED METAL COINS' AS SEPARATE AND DISTINCT ENTITIES FROM GOLD COINS. SINCE WE HAVE TO REFER TO THESE PARTICULAR ACTS TO FIND THE QUEEN'S RESIDUAL POWERS, WE FEEL IT WOULD BE FLYING IN THE FACE OF THAT LEGISLATION TO ATTEMPT TO PUT A DIFFERENT INTERPRETATION ON THESE WORDS HERE.

2. A NEW ORDER MUST THEREFORE BE MADE. AS MENTIONED IN PARAGRAPH 4 OF OUR TELNO 1252 THE ROYAL MINT BELIEVE THERE IS ADEQUATE TIME FOR A NEW ORDER TO BE PREPARED AND WE SHOULD BE GRATEFUL IF THIS

COULD BE CONFIRMED.

3. WE ARE IN SOME DOUBT AS TO THE MEANING OF PARA. 4(1) OF THE HONG KONG COINAGE ORDER AND HOPE IT WILL BE POSSIBLE TO ENSURE THAT THE NEW ORDER WILL ENABLE US TO ISSUE A DOLLARS 1,000 DEMONINATION GOLD COIN AS LEGAL TENDER FOR THE PAYMENT OF ANY

AMOUNT.

CONFIDENTIAL

14. / 4. THE

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