CONFIDENTIAL
7
SCHEDULE
PARAGRAPH ONE
Paragraph 1 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 (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.
insist on such
Indeed if it were otherwise, and if Orders could be
made, eg to amend Clause 1(1) Parliament might well
Orders being subject to
procedures.
positive rather than
eg
negative resolution
include legislative
the Letters Patent
of Hong
Hong Kong.
It should be noted that 'enactment' does not
instruments made under the Royal Prerogative,
and Royal Instructions which form the constitution
The amendments to such instruments can continue to be made under
the prerogative, without parliamentary procedures.
CONFIDENTIAL
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