TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 212

CONFIDENTIAL

-

7 -

SCHEDULE

PARAGRAPH ONE

Paragraph 1 of

of the Schedule provides the necessary definitions for

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

procedures.

resolution

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