TNAG-1378-FCO40-1826-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 74

CONFIDENTIAL

SCHEDULE

PARAGRAPH ONE

for

Paragraph 1 of the Schedule provides the necessary definitions the Schedule, which are not included in the Interpretation Act 1978. "Enactment" includes both Acts of Parliament and Subordinate Legislation made thereunder. The reason for excluding this Act from

the definition of enactment is that paragraph 3(1) of the Schedule provides for the amendment of any enactment by Order in Council, and it is not intended that paragraph 3 should be used to amend any part of this Act. Indeed if it were otherwise, and if Orders could be made, eg to amend Clause 1(1) Parliament might well insist on such Orders being subject to positive rather than negative resolution procedures.

I t should be noted that ' enactment' does not include legislative instruments made under the Royal Prerogative, eg the Letters Patent and Royal Instructions which form the constitution of Hong Kong. The amendments to such instruments can continue to be made under the prerogative, without parliamentary procedures.

CONFIDENTIAL