TNAG-1334-FCO40-1766-Future-of-Hong-Kong-legislation-1984 — Page 133

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

MKK 040/53

RECEIV

REGISTRY

3 O NOV 1984

DESK OFFICER

INDEX

CONFIDENTIAL

118

Rg+ p.a.

P3019

36 Whitehall London SW1A 2AY

Office of the Parliamentary Counsel ^

Telephone Direct line of 273 4189

Switchboard of 273 3000

Done

F Burrows Esq CMG

Legal Councillor

Foreign and Commonwealth Office

Downing Street

SWIA 2AL

Je Mr. Pakenham Walsh H.O.

M. Saunders L.O.D.

Mr. Thomas Q.C., A-G

Hong Kong,

2. Hong Kong Dept. bRAR.

4. B. 30/11

30 November 1984

Dear Burrows

Here is a revised draft of the Bill in which I have tried to deal with the points in

your letters of 26 and 29 November some of which we have discussed.

Clause 2(2)

I think it can fairly be said that paragraphs 2 and 3 of the Schedule are

consequential on or connected with clause 1(1), i.e. the change of status of Hong

Kong in 1997. I do not think that "consequential" has any chronological significance.

It is propter hoc not post hoc. But whatever is not "consequential" is certainly

"connected" with that change of status. Paragraph 4 of the Schedule is of course

consequential on or connected with the part of the Joint Declaration dealing with the

Liaison Group.

Schedule, para 1.

The definition of "enactment" is relevant to paragraphs 2(3)(b) and 3(1)(a), (b) and (c).

You will see that it excludes the Bill itself and instruments made under the Bill,

CONFIDENTIAL

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