HKA 233/7
Ms Paris HKD
MA Bf
19/11.
From: Miss S Brooks
Legal Counsellor
Date: 18 November 1992
AUTHORITY FOR RETIREMENT:
1.
LIMITED COMPENSATION SCHEME
26
I have only a few suggestions to make; these are regarding paragraph 6 of your draft submission. Please delete the words "Legal Advisers consider" and replace them by "Legal advice was given to the effect...". My colleagues and I do not constitute a department nor do we collectively give advice.
2.
6.
I also suggest deleting the third sentence in paragraph It occurs to me that now that the Governor is to be empowered in the draft Regulation to delegate his authority to retire officers (see draft Regulation 93 (2)), as the Hong Kong Government have requested, there is no need to ask the Secretary of State separately to give his approval for the Governor to delegate this power. This was only necessary while the power to delegate was omitted from the Regulation. Approval of the Governor's power to delegate will be given as part of the Secretary of State's approval to the draft Regulation 93 as a whole. We need, however, to draw the Secretary of State's attention to the point about delegation and I suggest adding a new last sentence to paragraph 6 which would read:
3.
"It is reflected in the proposed addition to the
Colonial Regulations, draft Regulation 93 at paragraph (2)."
I hope you will be clearing with Hong Kong the final version of draft Regulation 93. They may have comments in particular on the new paragraph 2 which embodies the Governor's power to delegate. It was after all Hong Kong's suggestion that this should be done in the Regulation. I do not see how you will be in a position to submit to Ministers until you have the comments of the Hong Kong Government and we have settled with them the final version of draft Regulation 93.
limited
Shelagh Brooks.
Shelagh Brooks
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CODE 18-77
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