TNAG-2572-FCO40-3758-Future-of-Hong-Kong-proposed-amendment-to-Crown-Proceedings--1992 — Page 6

*400LS

CONFIDENTIAL

LOOSE MINUTE

D/PL(LS)621/14/1/3

2 Sep 92

Sec (0)(C)

MINISTRY OF DEFENCE

SEC (O) (C)'

- 2 SEP 1992

FILE B3269 617

HONG KONG: CROWN PROCEEDINGS ORDINANCE

-

<Retr.

CLAIMS AGAINST BRITISH FORCES

Foreign Office Legal Counsellor's letter dated 26 Jun 91 D/PL (LS)621/14/1 dated 23 Jul 91

Reference:

A.

B.

C.

1.

D/Sec (0) (C)/6/7 dated 24 Aug 92

Nothing has happened in the past year to change the view expressed in Reference B. What better reason for maintaining the status quo than the fact that a change would be otiose which my dictionary (the Concise Oxford) defines as "serving no practical purpose" and "futile". This is recognised by the FCO's own Legal Counsellor in Reference A in which she states of the proposal "it might have had a chance had it been part of Hong Kong Law for many years but it comes too late in the day". With every day that passes this becomes more the case.

2.

Notwithstanding the foregoing, after consulting our own Legal Adviser, the following answers are given to the specific points raised. The paragraph numbering refers, of course, to Reference A.

3.

Para 1(a)

Para 4

Para 8

Whether the imminent danger referred to in Section 7A(2)(a) of the Bill is intended to be one that threatens the UK, Hong Kong or both is a matter of policy. The wording to be inserted will depend on that policy.

This is not considered a matter for MOD.

We similarly do not know enough about the PLA to advise on this point. I am not sure that this is relevant in any case. The purpose of this Bill is to amend the Crown Proceedings Ordinance and what is to the point, therefore, is that the UK Armed Forces are covered.

In view of the fact that this subject has been dragging on for at least five years it is not considered necessary to depart from normal channels of communication to save a day or so in getting an answer to the FCO. You will in any case wish to consider the policy issue referred to in paragraph 2 above.

CONFIDENTIAL

K T GREEN PL (LS) L2

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