TNAG-1142-FCO40-1422-Hong-Kong-and-the-Falkland-Islands-crisis-1982 — Page 89

CODE 18.77

CONFIDENTIAL

Reference......

22

MKK

020/2

Mr Chamberlain

DA.

در

Plus 1015

EMERGENCY POWERS (FALKLAND ISLANDS) BILL

1.

24

We spoke, and I am grateful to you for drawing my attention to the last sentence of paragraph 3 of my minute of 6 May, in which I referred to our Order in Council directing that the Governor, acting by and with the advice and consent of the Legislative Council, should be substituted for Her Majesty in Council as the authority empowered to make Defence Regulations for Hong Kong. You said, and I accept, that it would be more appropriate for our Order to direct that the "Governor in Council" be given this authority to make Defence Regulations for Hong Kong. Although the phrase does not occur in the Letters Patent I understand that it is one which is in widespread use in ordinances made in Hong Kong which confer the power to enact subordinate legislation. It refers to the Executive Council mentioned in Article V. of the Letters Patent. The example you showed me is in Section 62 of the Employment Ordinance dated 27 September 1968, which enables the Governor in Council to make regulations for all or any of the specified purposes.

7. Benous

F Burrows

Legal Counsellor

7 May 1982

cc: Sir I Sinclair o/r

Mr Freeland

Mr Williamson, HK&G Dept.

CONFIDENTIAL