TNAG-2738-FCO40-3951-Hong-Kong-Letters-Patent-1993-1993 — Page 40

B

can be made;

and provision for a new procedure for obtaining

a divorce by joint application with one year's notice. None of the proposed amendments, which are listed fully in a

letter from the Home Affairs Branch dated 2 November, appear

to be contentious.

C

5.

Article XXVI of the Royal Instructions states that the

prior sanction of the Secretary of State must be given before

the Governor may assent to Bills on a number of subjects, including "the divorce of persons joined in holy matrimony".

Furthermore, HKG's general regulations require the Secretary

of State's prior sanction for the drafting of such legislation (although HKG have not previously sought such clearance prior to drafting legislation on other subjects

falling under Article XXVI).

6.

There is some doubt, both in London and in Hong Kong, as

to whether the general law of divorce is caught by the

relevant clause of the Royal Instructions. As such, I do

not believe that it is strictly necessary to trouble the Secretary of State. To be safe, however, Miss Brooks suggested that agreement be given by Mr Goodlad rather than

officials.

7.

If the Minister agrees, I will write a short letter to the Home Affairs Branch giving them clearance to proceed with the drafting of the necessary legislation.

Charles Moore

Hong Kong Department

WH 303

Ext: 270-2652

icketts

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