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Form of Amendments
22.
A Schedule of the textual amendments which would be appropriate, if the recommendations contained in this Report are accepted, is attached at Annex A. It could form the basis of a Schedule to an adaptation Bill. Some draft clauses are also tabled at Annex B, which could either be in the Schedule or in the body of the Bill. Amendments in the Schedule would textually alter the existing Ordinances. Provisions in the body
of the Bill would be declaratory and have only transitional effect. It is for later consideration which approach would be more appropriate in each case.
Method of Proceeding
23.
If the recommendations in the preceding paragraphs are accepted, then two lines of action should proceed in parallel
(a)
(b)
-
the drawing-up of drafting instructions for a Bill to make the necessary textual amendments and to enact certain explanatory and savings provisions as recommended;
the preparation of a consultation paper for handing over to the Chinese side, outlining the contents of the amending Bill, and giving the reasons as set out in this Report.
A first draft of each document was tabled at the meeting on 2 June by DPCC/LALU. The Schedule at Annex A and the draft clauses at Annex B could form the basis of drafting instructions for an adaptation Bill. The contents of a revised consultation paper will depend on the outcome of discussion at the meeting to be held on July 6th.
Other matters for decision
Other matters requiring decision are
24.
(a)
the title of the adaptation Bill;
(b)
whether and when to consult other departments of HKG e.g. Finance Branch in respect of financial provisons;
(c)
when to consult the PA, UKREP JLG and FCO legal advisers on the proposals;
(d)
whether and when to consult the Law Society and Bar Association on the proposals; and
No comments yet.
Private notes are available after approval.