TNAG-2334-FCO40-3397-Future-of-Hong-Kong-Crown-Proceedings-Ordinance-1991 — Page 28

92

CONFIDENTIAL

FM FCO

TO PRIORITY HONG KONG

TELNO 3161

OF 061115Z DECEMBER 88

стрый

AL

13

INFO ROUTINE PEKING, UKREP JLG HONG KONG

(1090)

041535

MDLOAN 2693

FROM HKD

935

WILSON'S TELELETTER OF 16 NOVEMBER: CROWN PROCEEDINGS ORDINANCE

WE AGREE IN 1. WE WERE GRATEFUL FOR THE THOUGHTS IN TUR.

PRINCIPLE TO YOUR PROPOSAL TO AMEND THE CROWN PROCEEDINGS ORDINANCE IN THE WAY YOU HAVE SUGGESTED. BUT WE NEED NOW TO SEE

THIS IS A COMPLICATED SUBJECT AND YOUR PROPOSED BILL IN DRAFT.

WE BELIEVE THAT THE PROCESS OF DRAFTING WILL HELP TO IDENTIFY THE EXACT EXTENT OF THE PROBLEM. WHEN WE HAVE RECEIVED YOUR DRAFT WE WILL AIM TO CONSULT INTERESTED PARTIES HERE QUICKLY.

2.

WE WERE GRATEFUL FOR YOUR LIST OF HMG AGENTS ACTING REGULARLY IN HONG KONG. WE WILL NOW CONTACT BTC AND THOSE RESPONSIBLE FOR

WE WOULD BE GRATEFUL THE PSA TO EXPLAIN WHAT WE HAVE IN MIND.

FOR ANY COMMENTS UKREP JLG MAY HAVE ON HOW THESE PROPOSALS MIGHT AFFECT THEM. THE BRITISH COUNCIL WAS INCORPORATED BY ROYAL CHARTER IN 1940 AS A SEPARATE LEGAL ENTITY, AND IS THEREFORE NOT (NOT) AN AGENT OF HMG FOR THE PURPOSES OF THE CROWN PROCEEDINGS ORDINANCE.

3. AMENDMENTS TO THE ORDINANCE MAY, AS YOU SUGGEST IN PARA 1(C) OF TUR, TURN OUT TO BE FEW. BUT YOU WILL, OF COURSE, NEED TO REPEAL SECTION 8 OF THE ORDINANCE TO BRING IT INTO LINE WITH THE UK CROWN PROCEEDINGS (ARMED FORCES) ACT 1987, WHICH REPEALED SECTION 10 OF THE 1947 ACT. YOU MAY WISH TO FOLLOW THE STRUCTURE AND LANGUAGE OF THE 1987 ACT FOR THIS PURPOSE. BUT YOU WILL ALSO NEED TO CONSIDER THE POSITION OF THE HONG KONG REGIMENT IN THIS CONTEXT.

PARA 1 (D) OF TUR: WE HAVE ALSO REACHED THIS CONCLUSION AND HOPE TO BE ABLE TO PROCEED ON THIS BASIS.

4.

HOWE

YYYY

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