TNAG-2877-FCO40-4149-Future-of-Hong-Kong-adaptation-of-laws-1993 — Page 123

布政司署

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風華邋

CONFIDENTIAL

GOVERNMent secRETARIAT

LOWER ALBERT ROAD

HONG KONG

*BEH Our Ror.

CAB E2/19/2 & E2/19/3

20 September 1993

来医症號 YOUR Ref

Jonathan Marshall Esq

Hong Kong Department

Foreign and Commonwealth Office

London

United Kingdom SW1A 2AH

Dear Jonathan,

Adaptation of Laws

Papers 2 and 3

Thank you for your fax of 8 September 1993, concerning the captioned adaptation papers. consulted

have our legal advisers, and would like to respond as

We

follows -

Paper 2: Marriage Ordinance (Cap. 181)

Yes, the term need to be defined in Clauses Ordinance (Cap 1),

"Chief Executive in Council" will the Interpretation and General when that is adapted.

Paper 2: Marriage Reform Ordinance (Cap. 178)

The reference to the Governor in the definition of 'appointed day' in section 2 does not need to be adapted as the power to appoint a day has been exercised. For the same reason, it is not necessary to adapt 'Governor' in section 3. We agree that the problem could be addressed in oen of the ways suggested by you, but we would prefer simply to add a note to the paper explaining that the references do not need to be adapted. There are several other 'spent' provisions in the Laws of HK which we do not propose to adapt.

Paper 3: Legitimacy Ordinance (Cap. 184)

The definition of 'Court' in section 2 of Cap. 184 which appears in the loose-leaf edition of the Laws of Hong Kong is in fact incorrect. The 1981 amendment substituted 'Supreme Court' for High Court', which is why we need to adapt it.

We hope to issue a correct loose-leaf version of the Ordinance as soon as possible. In the meantime, will include a note in the consultation paper explaining to the Chinese side why we include the proposal.

we

CONFIDENTIAL