TNAG-0928-FCO40-1146-Colonial-Regulations-in-the-Dependent-Territories-1980 — Page 23

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2

Mr Stratt

strakton

I

Letters to issue

agree. Mi

1/2

COLONIAL REGULATIONS (CRs)

A 1.

At the Caribbean OAG's conference in January 1979, which you chaired, it was agreed that HKGD should be invited to review the existing CRS to see which outmoded sections could be deleted or redrafted.

2. This question was considered by Mr McLaren, who expressed doubts as to whether the need justified the considerable amount of official time involved. Since then the General Section of HKGD has been reduced. We cannot undertake the job with our present staff without neglecting other work.

3. The main objections to CRS have been:

(a) the title is outmoded and regarded as offensive in many areas; (b) a number of individual regulations no longer apply, or are

inappropriate when the delegation of powers to local Ministers and Departments is taken into account.

Nevertheless, the Regulations are issued for guidance and, accord- ing to one leading legal authority, are not necessarily binding. Viewed from this standpoint they continue to provide a useful general framework within which territories may act.

4. The Governor of Gibraltar raised the question with me on 30 January. His interest is in drawing up a set of Gibraltar Government Regulations. He wanted a "model" of revised CRS on

which to base this.

5. I see no reason why Gibraltar, and other territories if they wish, should not draw up their own Regulations using the current CRS as a guide but making local variations where appropriate. Indeed, this is really the logical way to conduct the exercise since we would have to start any revision at our end by asking territories for their views. We would of course have to approve their regulations before they issued them.

6. If you agree I propose writing to OAGS on the lines of the attached draft, with a separate peromal letter & Sir Lim. Jackon who raised the question with me yesterday.

31 January 1980

CC:

Mr Duff, WIAD

RD Clift

Hong Kong and General Department

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