TNAG-2334-FCO40-3397-Future-of-Hong-Kong-Crown-Proceedings-Ordinance-1991 — Page 36

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

11

CONFIDENTIAL

By

Bag

GOVERNMENT SECRETARIAT

布政司署

香港下亞畢道

kal

本署檔號 OUR REF: CAB D4

RM315.

來函檔號 YOUR REF:

A

Ms Pamela Maior,

Hong Kong Department,

Foreign and Commonwealth office,

London SW1A 2AH,

United Kingdom

LOWER ALBERT ROAD

HONG KONG

Minute pa Ru 106

10 April 1991

Please return with

1988 paper (He overleaf)

вы 2414.

HKC370/B

88/HKBOW/3

1090)

attached

Dear Pome la

>

Crown Proceedings Ordinance

In 1988, in the context of the question of jurisdiction over the PLA garrison in Hong Kong, we consulted you on a proposal to amend the Crown Proceedings Ordinance (Cap. 300) to make it possible for plaintiffs to sue HMG in Hong Kong Courts.

In your telno. 3161 of 1988, you agreed in principle to proposal but said you needed to see our proposed Bill in draft, whereafter you would consult interested parties.

our

In April 1988, your Legal Advisers.

Legal Advisers wrote to Attorneys General of dependent territories about the Crown Proceedings (Armed Forces) Act 1987, and asked them to consider within their administrations the necessary amendments to bring their Crown Proceedings legislation into line with the current law in the UK.

Due in part to a crowded legislative drafting programme here, the drafting has proceeded at а

slow pace. And with the change of atmosphere post-June 1989 and the agreement with the Chinese on principles for consultation on adaptation of laws, it has been necessary for us to reconsider the question of whether the Chinese should be consulted, and if so, when and in what context. We shall revert to you on this aspect of the matter.

to

I now attach a working draft of a Bill effect the proposed amendments to the Crown Proceedings Ordinance for your comments and to enable you to consult with affected UK Government Departments.

CONFIDENTIAL

ہے

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