TNAG-2443-FCO40-3550-Official-Secrets-Act-1989-(Hong-Kong)-Order-1992-1992 — Page 191

PERMANENT OR TEMPORARY''

D. SECTION 13

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MDHIAN 4490

(A) IN THE DEFINITION OF BRITISH NATIONAL'' ''CITIZEN'' FOLLOWING BN ACT 1981:

USE LOWER CASE FOR

(B) IN THE DEFINITION OF GOVERNOR' INSERT 'AND' BEFORE ''INCLUDES''.

(C) THERE IS A CHANGE OF TENSE FOR THE INSTRUCTIONS IN THE DEFINITION PRESCRIBED'' AND 'STATE'' COMPARED TO THE REST OF THE SCHEDULE. PRESUMABLY THE INSTRUCTIONS SHOULD READ ''DELETE'' AND ''REPLACE'' ETC.

E. SECTION 15

IN THE PROPOSED NEW TEXT, INSERT A COMMA BEFORE ''AN OFFENCE'

3. OUR COMMENTS ON SCHEDULE 2 ARE AS FOLLOWS:

A. SECTION 4(3)

SEE MY NOTE FOR SECTION 4 UNDER SCHEDULE 1. THE ORDER SHOULD INCLUDE A REFERENCE TO S.13(1) OF THE POST OFFICE ORDINANCE.

B. SECTION 6

IT MIGHT BE DESIRABLE TO AMEND THE HEADING TO REFER TO ''TERRITORIES, STATES OR INTERNATIONAL ORGANIZATIONS'' IF THAT IS DONE, SCHEDULE 1 WILL NEED A CONSEQUENTIAL AMENDMENT TO S.6.

C. SECTION 11(3)

THIS SHOULD READ

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''PROCEEDINGS FOR AN OFFENCE UNDER THIS ACT MAY BE TAKEN IN THE HIGH COURT IN THE EXERCISE OF ITS CRIMINAL JURISDICTION, IN THE DISTRICT COURT, OR BEFORE A MAGISTRATE.'' (SEE SCHEDULE 1 FOR CORRECT WORDING.)

D. SECTION 12(1)(A)

THE WORDING HERE SHOULD BE AS SUGGESTED FOR SCHEDULE 1 IE TO FOLLOW OUR CAP.1 DEFINITION OF ''PUBLIC OFFICER''.

E. SECTION 13(1)

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IN THE DEFINITION OF BRITISH NATIONAL', A CAPITAL LETTER IS NEEDED FOR 'OVERSEAS' BUT NOT FOR CITIZEN THE DEFINITION OF ''GOVERNOR'' SHOULD READ AS IN SCHEDULE 1 IE ''GOVERNOR' MEANS THE GOVERNOR OF HONG KONG, THE ACTING GOVERNOR AND ANY DEPUTY TO THE GOVERNOR, AND INCLUDES ANY PERSON AUTHORISED BY THE GOVERNOR TO PERFORM ANY OF HIS FUNCTIONS UNDER

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