TNAG-1365-FCO40-1811-Hong-Kong-Legislative-Council-(Powers-and-Privileges)-Bill-1-1985 — Page 65

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CONFIDENTIAL

63

Mr Galsworthy, HKD

1.

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The provisions to which the Hong Kong journalist objects - the sections 17 and 21 of the Bill are provisions giving statutory form to various aspects of the law and custom of the British Parliament (particularly as it effects the House of Commons). With the exception of Clause 20(e), which is a particular aspect of forgery, the relevant authorities for Parliament are noted on pages 143, 152, 161, 159 and 153 of the 20th edition of Erskine May's Parliamentary Practice.

2. Hong Kong has been following earlier dependent territory enactments. I have looked at a number of these and attach photostats of comparable provisions in the laws of Fiji, Jamaica, Kenya, Malaya, Singapore and Zambia. I have noted at the top of the photostat the date of the original Colonial enactment. Not all these laws are as comprehensive as Hong Kong, and the penalties differ, but Singapore seems to come to the closest.

3.

With regard to the Trade Commissioner, you may wish to consider whether we should seek a further extension of Clause 14(2) which would substitute for, "in relation to Hong Kong" the words "whether in relation to Hong Kong or otherwise".

Вольфок

Paul Fifoot

Deputy Legal Adviser

12 June 1985

HKK 011/12

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1 8 JUN 1985

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Action Taken

CONFIDENTIAL