TNAG-2670-FCO40-3867-Hong-Kong-reprinting-of-Colonial-Regulations-1993 — Page 4

CODE 18-77

Miss Brooks

Legal Counsellor

Reference

Confidential

HKA 025/1

1993 آنان ۔ 2

COLONIAL REGULATIONS

1.

Thank you for your minute of 6 August to Miss Paris.

2. I do not think Hong Kong intend that a new set of Regulations should be made which should survive 1997, as clearly this would not be possible. Rather, I think what they have in mind is removing from the Colonial Regulations those regulations which are either outdated or which are duplicated in the in the Hong Kong CSRs. The purpose would be to avoid a situation where the CPG demanded that the Chief Executive comply with similar detailed regulations after 1997 (and bearing in mind that the CPG might decide to exercise the regulations more actively than HMG does at present). I think the only reason Hong Kong have suggested a set of regulations specific to Hong Kong, rather than simply deleting regulations in the existing Colonial Regulations, is simply to do away with the word "Colonial" in the title.

3.

Presumably HKG's objective could be achieved by removing from the existing Colonial Regulations any regulations which are included or could be included in the CSRS or in local legislation, and if necessary amending the Letters Patent at the same time to include a general power for the Governor to make such regulations. In your minute you suggested that the time to do this would be closer to 1997. However, I wonder whether there would be any harm in undertaking this exercise earlier at least to remove from the Colonial Regulations regulations which cover matters which Hong Kong has been handling on its own and in which HMG does not become involved.

4. I would be grateful for your further advice before I reply to Mr Waters.

Или

420

NC G Whitney

Hong Kong Department WH 304 270 2651

2 September 1993

shel.min.ADM

SLM

Dall

Mr witney HKD.

ик

I apoloque for the detory. The Colonial Regulations apply

uk dependent toimit ones, not just Hong Kong

a Whough there Spenfic provisions for Hongkong. So it would be necessary

Бате

one some

seponate

Set of regulations for Hong Kamp for them

reason. This set could orice

any are micluded or could be included in the CBRs or in

Confidential qulations which

local legislation. That set would however

1997 for that reason,

Seems porntlers

Cease to apply un the proposed exercise

$ Brooks

20

0/10

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