TNAG-2571-FCO40-3757-Future-of-Hong-Kong-adaptation-of-laws-Post-Office-Ordinanc-1992 — Page 20

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INFO PRIORITY UKREP JLG HONG KONG

ADAPTATION OF LAWS: POST OFFICE ORDINANCE

1. WE HAVE PREPARED A DRAFT CONSULTATION PAPER ON THE ADAPTATION

OF THE POST OFFICE ORDINANCE, CAP 98 WHICH IS CONTAINED IN MIFT. WE INTEND TO HAND IT OVER TO THE CHINESE SIDE AS SOON AS POSSIBLE

SO AS TO ENABLE DISCUSSION TO BEGIN AT THE NEXT JLG MEETING IN

SEPTEMBER. GRATEFUL FOR YOUR EARLY COMMENTS.

2. THE CONSULTATION PAPER ON CAP 98 REPRESENTS OUR FIRST PROPOSAL

TO BE SENT TO THE CHINESE SIDE ON THE ADAPTATION OF LAWS. WE HAVE DELIBERATELY CHOSEN AS THE FIRST ORDINANCE IN THIS EXERCISE ONE

WHICH WE BELIEVE TO BE STRAIGHTFOWARD AND UNCONTROVERSIAL. IN THIS WAY WE HOPE TO GET THE EXERCISE OFF TO A GOOD START, GIVEN THAT THE CHANGES REQUIRED ARE ESSENTIALLY OF A TECHNICAL OR PRESENTATIONAL NATURE.

3. OUR PROPOSAL AIMS AT REMOVING SUCH REFERENCES AS 'HER MAJESTY'S POSTMASTER GENERAL', 'BRITISH' AND 'HER MAJESTY' FROM THE POST OFFICE ORDINANCE, WITHOUT CHANGING ANY EXISTING POLICY. WE BELIEVE THE PAPER IS SELF-EXPLANATORY BUT YOU MAY WISH TO NOTE

THE FOLLOWING POINTS:

(A) PARA 3(D): AT PRESENT, OFFICIAL MAIL IN HK BEARS THE SUPERSCRIPTION ON HER MAJESTY'S SERVICE', AND WE ARE PROPOSING TO CHANGE THE SUPERSCRIPTION TO ON GOVERNMENT SERVICE' BEFORE 1997. GRATEFUL FOR YOUR VIEWS ON THIS PROPOSED COURSE OF ACTION.

(B) PARA 3(F): SECTION 94(1) OF THE INTERPRETATION AND GENERAL CLAUSES ORDINANCE (CAP 1) ALREADY PROVIDES THAT ANY REFERENCE TO FORFEITURE MEANS FORFEITURE TO THE CROWN. IF IS THEREFORE APPROPRIATE TO DELETE THE INDIVIDUAL REFERENCES TO 'FORFEITURE TO THE CROWN', LEAVING THE GENERAL PROVISION IN CAP 1 TO BE ADAPTED

AT A LATER STAGE.

4. WHEN WE HAND OVER THE PAPER TO THE CHINESE SIDE, IT IS OUR

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