TNAG-2572-FCO40-3758-Future-of-Hong-Kong-proposed-amendment-to-Crown-Proceedings--1992 — Page 17

CUNFIDENTIAL

-

I would

following points :

(A)

(B)

Clause 2

(i)

(ii)

like to draw your attention to the

Since the Legal Advisers' letter of 20 April 1988, other dependent territories may have enacted legislation in line with the 1987 Act which will have been the subject of consultation with MUD and their legal advisers. If it would be helpful to see examples.

the

So,

Sub-section (2) of the new section 7A provides a mechanism for reviving the provisions repealed in an emergency, along the lines suggested in para. 5 of the Legal Advisers' letter of 20 April 1988 to Attorneys General of dependent territories; any precedents from other dependent

territories

would

particularly relevant to this provision.

be

There are two blanks in the proposed subsection 8(A)(a), in the last line of page 3 and line

3 of page 4. Grateful if you would advise

me of the appropriate post titles.

It would be helpful if you could provide us with the background to the drafting of the 1987 Act

suspend provisions in UK the armed forces and the tort, as well as information

to

of

legislation for immunity Crown from liability in about the about the experience of

other dependent territories in amending their legislation Crown Proceedings to bring it in line with the 1987

on

Act.

Yueis

**

H

( G.M. Orr }

for Secretary for Constitutional Affairs

CONFIDENTIAL