TNAG-1379-FCO40-1827-Future-of-Hong-Kong-legislation-Hong-Kong-Bill-1985 — Page 253

CODE 18-77

CONFIDENTIAL

HKK Reference

ED IN

22 FEB 1985

ок

040/2

141

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Horny,

Mr Galsworthy,

Galswor

HONG KONG BILL:

1.

HKD

ADAPTATION OF LAW

INL

PA

By

The main difficulty with your draft paragraph for inclusion in Lady Young's opening speech (apart from certain technical inaccuracies) is that the Carriage by Air Act 1961, which you cite, has its own provisions (Section 9) enabling Orders in Council to extend the Act, subject to such exceptions, adaptations and modifications as may be specified in the Order, to any colony. virtue of Section 14 of the Interpretation Act 1978 this includes the power to revoke, amend or re-enact any such Order. There is therefore no need to resort to the powers conferred by the Schedule to the Hong Kong Bill for the purposes you mention, and the 1961 Act is therefore not a good example of the need for the provisions in the Bill. The same is true of all other civil aviation legislation which I have been able to look at in the time available.

2.

I think that, technically speaking, one of the best examples of the need to have the provisions in the Bill is the Foreign Enlistment Act 1870, which I have already given to you, although I realise that there may be political disadvantages in referring

I imagine that there may be similar political difficulties in connection with the Official Secrets Acts 1911 and 1920, the Colonial Boundaries Act 1895 and a number of other possible candidates.

3.

One other possibility however might be to say that the Colonial Stock Act 1877, which enables colonial stock to be registered in the United Kingdom, is part of the law of Hong Kong. Its retention after 1997 would be inappropriate. It may therefore be convenient to use paragraph 3(1) of the Schedule for this purpose. Any con- sequential amendment to the 1877 Act, in so far as it remains part of the law of the United Kingdom, could be achieved under paragraph 3(2) of the Schedule to the Bill. [For such a precedent see paragraph 7 of Schedule 2 to the Belize Act 1981].

7 виного

F Burrows

Legal Counsellor

18 February 1985

CONFIDENTIAL