TNAG-2670-FCO40-3867-Hong-Kong-reprinting-of-Colonial-Regulations-1993 — Page 2

26 October 1993

CONFIDENTIAL

LAST PAPER

Foreign & Commonwealth

Office

5

BY FAX

M JC Waters Esq

Civil Service Branch Government Secretariat Lower Albert Road Hong Kong

London SWIA 2AH

Telephone: 071-

ра

HKA 025/1

2.001 1993

Dear Mike,

COLONIAL REGULATIONS

о

1. Thank you for your letter of 2 June and my apologies for taking so long to reply. I have discussed your suggestion of having a separate set of Hong Kong Regulations with our Legal Counsellor.

2. While at first sight it seems useful to have a set of HMG regulations just for Hong Kong, we do not think that this is a feasible proposal. Although Hong Kong is in the second half of the transition, nevertheless it will remain a colony until 1 July 1997. Colonial Regulations will remain the correct description of regulations applying to Hong Kong until that date. Secondly, the Regulations are directions to Governors for general guidance given by the Crown through the Secretary of State for the Colonies; they are, in effect, directions of Her Majesty. Constitutionally the Crown would still be able to give such directions to the Governor until Hong Kong is handed over to the Chinese.

3.

The Colonial Regulations obviously will cease to apply to Hong Kong after 1 July 1997 and there therefore seems little point in drawing up a new set specific to Hong Kong. It would seem that what is required is not a new set of regulations but that any appropriate regulations which at present exist in the Colonial Regulations should be part of HKG's Civil Service Regulations after 1 July 1997.

4. It may be that nearer 1997 (eg January 1997) when the practical need for directions to be given to the Governor in respect of the Civil Service has almost disappeared, that the

mjc.fax.ADM

SLM

CONFIDENTIAL