Clon is
Delete square brackets from definition of "State" as we include "territory" in the text.
Section 14 & 15
The former sections 15 and 16 re-numbered.
2.
In sending the proposed text to the FCO you might like to point out that the order in Council should reproduce the text as a Schedule, and not just list the modifications of the UK Act. This is because we want the whole text to be readily available in Hong Kong (as if enacted here).
3.
If a precedent is needed for using "security of Hong Kong" it can be found in the Outer Space Act 1986 (Hong Kong) Order 1990 (S.I. 1990 No. 591). See also s. 19 (3) of the Immigration Ordinance (Cap. 115).
4.
There is no direct precedent for using "Hong Kong permanent resident" as a basis for extraterritorial jurisdiction, but we have seen moving towards it for some time and if it is desirable for action now to be taken by the HKG on this issue this is an appropriate occasion. (The concept is not all that different from Hong Kong ships and aircraft in some respects). In view of the international law implications of this point, this memo is copied to LO (IL) with a copy of the draft for comments if he wishes.
with regard to "armed forces of the Crown",
I go along with the view of the majority that the term is apt to cover all the bodies in Hong Kong which have any defence function. For a future, localised Ordinance, however, the language of s.8 of the Defence Works Protection Ordinance (Cap. 195) might be more appropriate
"Any member of Her Majesty's regular forces or of any local naval, military or air force, corps or reserve [and any police officer] etc.....".
F
(John Wilson)
Deputy Principal Legislative Counsel
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