TNAG-2877-FCO40-4149-Future-of-Hong-Kong-adaptation-of-laws-1993 — Page 26

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Your Ref: CAB E2/19/9

Our Ref:

22 November 1993

BY FAX

David Chin Esq

CAB

Government Secretariat

HONG KONG

Dear Dewid,

CONFIDENTIAL

ра

pa.

370/7.

ADAPTATION OF LAWS: PAPER NO.9

Foreign & Commonwealth

Office

London SW1A 2AH

Telephone: 071-270-3287.

1. Thank you for your letter of 12 November. Our Legal Advisers have commented as follows:

2. Education Scholarships Fund Ordinance (cap. 1085)

Proposal (b) is to replace the reference in section 22 to Her Majesty, etc. by reference to "the Government", and in due course to propose that this be defined as the Government of the HKSAR. Since there is some asymmetry in this proposal, it may attract questions from the Chinese as to why the reference is not to be made to the CPG.

3. Section 22 provides that nothing in the ordinance shall affect the rights of her Majesty, etc., except such as are mentioned in the Ordinance. We should be grateful for HKG's advice as to which rights of her Majesty are preserved by this section, in order to judge how appropriate the proposed adaptation may be. Could you also advise us as to which of those rights are enjoyed by HKG at present, or will be enjoyed by the SARG? What would be the effect of a simple deletion of the reference to her Majesty, etc.? Would this provide a possible alternative adaptation?

4. They suggest the addition to proposal (c) of the reference to the Governor in section 6(2).

In proposal (e), the words to be replaced should be "the colony".

5.

6.

Social Work Training Fund Ordinance (cap. 1100)

The questions in my para 3 apply to proposal (b).

CONFIDENTIAL