TNAG-1333-FCO40-1765-Future-of-Hong-Kong-legislation-1985 — Page 107

CODE 18-77

Mr Powe,

HKD

HONG KONG AGREEMENT:

1.

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ابع

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Sum

LEGISLATIVE PROCEDURE

169

dor Galswory

My them

Pa

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ما رد مالی

to our

1x main question on

My answers to the points in your minute of 31 October (which has been kept for my return to the office) are as follows:-

Overtakin

legcolate

Proscedant

(a) My understanding of the policy and practice is based solely on paragraph 3.11 of the Guide to Legislative Procedures. It is customary to include in the instructions to Parliamentary Counsel a reference to the consent of the leader of the House of Commons for the drafting of the Bill by Parliamentary Counsel.

(b)

I can show you a precedent of "Notes on Clauses". It is voluminous.

2.

(c)

(d)

The Bill will affect the prerogative of the Crown. It will terminate Her Majesty's powers to exercise sovereignty and jurisdiction in Hong Kong. I am seeking a copy of a fairly standard form letter seeking this consent, which is obtained whenever a colony is granted independence.

We should plan on the basis that Parliamentary Counsel's first draft of a Bill will need to be followed by further consultation with him, and one or more revised drafts. It will be for him and us to say when, as officials, we are satisfied with it.

I may, on an ad hoc basis, seek the assistance of one or more of my colleagues. As you know, Michael Wood is already helping us over privileges and immunities. The Legal Adviser (or Acting Legal Adviser) will also of course be involved, and you should continue to copy the main papers to him.

HKK040/53

RECEIVED IN REGISTRY

06 NOV 1984

DESK OFFICER

INDEX

PA

REGISTRY

Bunows

Burrows

Action Taken Legal Counsellor

100

5 November 1984

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