1. Mr Holpoyd (HKD) -to se
- to enter + pat
Foreign and Commonwealth Office 2. HKD
London SW1A 2AH
Telephone 01:270 3075
CAN
2/10/89
Mr R Allcock
Attorney General's Chambers Law Drafting Division
8/F High Block
Queensway Government Office
66 Queensway
HONG KONG
Your reference
Our reference
Date
HKC102/9
28 September 1989
FIRST PACIFIC BANK LTD BILL
1 I refer to your letter to my colleague, David Edwards, dated 29 August,reference AGC LDT/376/00/1C, and I apologise for the delay in replying.
2.
Given that the Bill in question will apparently have no extra-territorial implications, we see no problem of principle with it. However, I thought that I would raise with you the wording of seciton 5(2) of the draft Bill, which seemed to me to be slightly oddly worded. This sub-section refers to "the vesting of any property .....[being] governed othewise by the law of Hong Kong". I wonder whether this wording is entirely apposite. The vesting of property situated in Hong Kong might be governed by the law of another jurisdiction, but his does not seem to me to raise extra-territorial implications. On the other hand the vesting of property situated outside Hong Kong could, I suppose, be governed by Hong Kong law, but this would presumably cause problems on grounds of extra-territoriality. As I understand it, all property, even including intangible property such as a debt, has a situs, and I wonder whether it is not this concept which needs to be addressed in section 5(2) of the draft Bill. Perhaps you might consider this point further.
3. As you will appreciate, a Bill on this subject will
nevertheless need to be dealt with in accordance with clause XXVI of the Royal Instructions.
درم
Pit Langueige
C A Whomersley Legal Advisers
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