TNAG-1270-FCO40-1620-Financial-policy-in-Hong-Kong-1983 — Page 16

CODE 18-77

Mr Hum HKD

CM

10

SECRET

Reference

AKK 100/7.

$5

RECEIVED IN REGISTRY

26 OCT 1233

RELIGTPY

DESK OFFICER

INDEX

PA

Action Teken

See (52

HONG KONG:

FINANCIAL OBLIGATIONS

1. Since writing my minute to you of 5 October I have had the opportunity to consider in slightly more depth the legal questions raised by the two sentences at the bottom of page I of Annex I to the Special Study of Hong Kong of August 1982. I have incorporated my conclusions in the attached copy of a redraft of your draft letter to the Treasury. do not alter or qualify what I said on 5 October but they add one or two new points.

They

2. When referring to the Crown Proceedings Act 1947 I should perhaps record that I have taken account not only of the terms of section 40(3) but also of the interpretation of that section as a whole which is contained in the judgments in the following two cases:-

R.v. Secretary of State for Foreign Affairs ex parte Indian Association of Alberta and Others [1982] 2 A11 ER 118, at p. 131;

Tito v. Waddell (No 2) [1977] 3 A11 ER 129, at pp. 251-3.

3. On the assumption that you will wish to maintain the policy underlying Annex I I have suggested a fifth paragraph dealing with the policy. However it is of course for the department to say whether I have correctly stated it.

7 October 1983

7. Runows

F Burrows

Legal Counsellor

94

SECRET