CONFIDENTIAL
1471.
1
WHAT IS PROPOSED. IT WOULD BE HELPFUL TO KNOW ALSO WHY YOU HAVE
DECIDED NOT TO PURSUE THE HODGSON COMMITTEE'S RECOMMENDATION THAT
ORDER FOR FORFEITURE NOT BE MADE IF AN ASSET HAS BEEN PURCHASED BONA FIDE FOR VALUE OR IF, DUE TO OTHER ACTION BY THE THIRD PARTY IN RELATION TO THE PROPERTY, THE ORDER WOULD BE UNJUST. MIGHT NOT THE INCLUSION OF THIS SAFEGUARD REDUCE THE DANGER OF
OPPOSITION TO THE AMENDMENT FROM LEGAL BODIES?
5.
ON A MINOR DRAFTING POINT, LEGAL ADVISERS HAVE QUERIED THE MEANING OF THE WORDING PROPOSED FOR THE NEW SUBSECTION (3A)(A), ESPECIALLY THE WORDS 'WHETHER EXPRESSLY OR BY IMPLICATION'. THEY SUGGEST THAT IT MIGHT BE PREFERABLE TO REFER BACK DIRECTLY TO SECTION 10, EG BY REPLACING PARAGRAPH (A) WITH WORDS SUCH AS OF WHICH HE IS IN CONTROL AS PROVIDED IN SECTION 10'. THEY HAVE ASKED THAT THIS POINT BE MADE TO YOU WITH THE RIDER THAT IN THIS REGARD THEY WOULD NOT OBJECT TO THE EXISTING
LANGUAGE IN THE DRAFT BILL IF YOU ARE SATISFIED.
HOWE
OCMIAN 1471
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CONFIDENTIAL
COPIES TO MR WOOD LEGAL,
ADVISERS
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