CONFIDENTIAL
No Shone
2711
To see Miss Brooks' comments
Miss Brooks
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Legal Counsellor
27/i
Hrs 101
RY
31 JAN 1992
M
FROM: N J Cox
Hong Kong Department
DATE: 24 January 1992
cc: Mr Chamberlain,
Deputy Legal Advisers
INSTRUCTIONS TO THE GOVERNOR ON FINANCIAL MATTERS
13
15
1.
2.
Many thanks for your minute of 22 January.
On the drafting of an Order in Council, I wonder on
reflection whether it is right to envisage giving the
Governor this new power to use, with the
Secretary of State's approval as he may consider necessary
or as he may deem fit. Would he be obliged to consider it
instructed/ necessary or deem fit if the Secretary of State so/directed? Perhaps it would be safer to say: "as he may consider necessary or as the Secretary of State may direct"?
3.
Instruct/
I wonder whether "notwithstanding" could be retained if Noted. I
we then itemised the sections of the Public Finance
Ordinance which were to be over-ridden (excluding Section 4
therefore). But I would not want you to spend time on such detailed drafting points while it is so unlikely that we
will need to make such an Order (this is also a reason for
our not seeking HKG comments).
4.
Thank you for confirming that it would be possible to
legislate by Act of Parliament rather than by Order in
Council. I think it might be arguable politically that if
MAXAKX/1
JRB
CONFIDENTIAL
on
www reflect further thy.
5. Brocks.
24/2
No comments yet.
Private notes are available after approval.