Submission
Jill Barrett
Lev
℗ qu
16/0.
Assistant Legal Adviser
K174 270 3381
FROM:
AKB 102/3
10V 1993
DATE:
27 September 1993
Mr Whitney HKD
OVERSEAS TRUST BANK (AQUISITION) (AMENDMENT) BILL 1993
1. The attached letter from Mr Mo, HKG, of 23 September addressed to "Legal Advisers" has found its way to me. Mr Mo is asking us to confirm that their proposed Bill to amend the Overseas Trust Bank (Aquisition) Ordinance may go ahead without further reference to the Secretary of State.
2.
Mr Mo says his request is in accordance with Article XXVI of the Royal Instructions. I assume that this Bill falls within category 4 of those listed in Article XXVI: "Any Bill establishing any Banking Association, or amending or altering the constitution, powers, or privileges of any Banking Association". The Governor may therefore not assent to the Bill without satisfying one of the conditions set out in para 2 of Article XXVI. Mr Mo is presumably seeking to satisfy the first condition by obtaining Her Majesty's instructions upon the Bill through the Secretary of State before it is passed.
3. I see no reason why the Secretary of State should not give the instructions requested. However, I have not previously advised on a Bill of this nature, and would be grateful for your guidance as to the kind of scrutiny which we would normally give to such Bills, and also if you would let me know whether there has been any previous correspondence on this matter. I believe that in the past Mr Fifoot has advised on similar Bills concerned with the acquisition or merger of banks, and it may be that his minutes would indicate whether there are any particular features of these Bills which require attention.
4. The instructions will need to issue personally from the Secretary of State. I should be grateful if you would register the attached papers in your Department and supply a copy with your response to this minute.
Fill Barito
Jill Barrett
Fulost away
mil 3/11
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