TNAG-0991-FCO40-1210-Policy-on-salaries-and-pensions-for-civil-service-in-Hong-Ko-1980 — Page 316

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Secretary of State contained in a telegram dated 6th October, 1977; thus it could be argued that it amounted to an "instruction" which effectively con- firmed the Governor's power in respect of suspension.

5. argued that the Government Regulations do have contractual force. To put it shortly, the Attorney General is fairly confident that, notwithstanding the Choi-Sum decision, the action taken in the Dispensers case may be defended successfully.

In the alternative, it might still be

6.

I enclose two opinions prepared by Senior Crown Counsel. I think these make it tolerably clear that there are still serious doubts about the exact status of the Government Regulations and Colonial Regulations. The Government is now giving considera- tion to the advice, with which the A.G. personally concurs, that there is a need to simplify and codify Government Regulations and, where necessary, secure some form of easily identifiable legal sanction. You will wish to give your views which we shall very much welcome We should be obliged if you would refer Senior Crown Counsel's opinions to your legal advisers. In particular, we would welcome

Is this rally young to be дому

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Sices

Would the Chinese

be

Suspicious?

(a) confirmation that there is a problem

concerning the status of Government Regulations which may well not be resolved by the Dispensers action;

(b) your tentative thoughts on the question

(c)

of a code which we feel might supersede, in Hong Kong, the Colonial Regulations as well as Government Regulations;

your preliminary views as to how such a code could be given force- i.e. by legislation, order-in-council, etc., and the extent to which the Secretary of State would wish to be involved in the discipline process;

(d) your advice on any alternatives to

codification; your legal advisers may have knowledge or experience of other cases where the enforcibility of Government Regulations has been challenged, perhaps in other Colonies. We would very much appreciate any assistance you might be able to offer in the defence of the Dispensers action.

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