GR 300
SECRET
FUTURE EGRET
DESKBY 151245Z
SECRET
никон
RECEIVED IN
UTRY
17 SEP 1934
REGISTRY Action Taken
drde. mala
FM HONG KONG 15110OZ SEP 84
DESK OFFICES
TO IMMEDIATE FCO
INDEX
PA
TELEGRAM NUMBER 2866 OF 15 SEPTEMBER
INFO IMMEDIATE PEKING
PEKING TELNO 2361: FUTURE EGRET: PART 3 OF THE WHITE PAPER:
THE LAWS.
1. WE HAVE THE FOLLOWING COMMENTS ON THE POINTS IN TEL UNDER REF:
PARA 1(A): IN THE FORMULATION SUGGESTED BY PEKING
K
(A) THE WORDS ''ESSENTIAL ELEMENTS'' ARE TOO RESTRICTIVE IN
TONE: THEY SUGGEST THAT A SIGNIFICANT PROPORTION OF HONG
KONG LAW MAY BE ABANDONED ON THE GROUND THAT IT IS NOT
*'ESSENTIAL'. THE TEXT OF THE ANNEX IDENTIFIES THE ELEMENTS
OF HONG KONG LAW, BUT THIS IS TO MAKE IT CLEAR THAT THE LAW
IN (NEXT WORD UNDERLINED) ALL ITS FORMS (INCLUDING E.G. THE
COMMON LAW AND RULES OF EQUITY) WILL CONTINUE. THE EXPLANATORY
NOTES IN THE WHITE PAPER OUGHT IF ANYTHING TO EMPHASISE
THE BREADTH OF THAT ACHIEVEMENT.
(B) ''SUBJECT TO CERTAIN CONDITIONS'' INVITES THE QUESTION, WHICH
IS NOT IMMEDIATELY ANSWERED, **WHICH CONDITIONS?'' IF IT IS
FELT THAT THE FIRST LINE OF THE NOTES ON 'THE LAWS'' SHOULD
INCLUDE A REFFERENCE TO THE (NEXT WORD UNDERLINED) EXCEPTIONS
TO THE CONTINUITY OF THE LAWS, WE WOULD SUGGEST THAT OUR
FIRST SENTENCE BE RETAINED WITH THE ADDED CLOSING WORDS,
''EXCEPT WHERE IT CONTRAVENES THE BASIC LAW, OR IS AMENDED BY
THE LEGISLATURE.''
SECRET
PARA B
93
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