TNAG-2877-FCO40-4149-Future-of-Hong-Kong-adaptation-of-laws-1993 — Page 73

ERMENT HOUSE HONG KONG.

FRI OS NOV 98 06:44

PG.03

CONFIDENTIAL

Draft/Consultation Paper

Adaptation of Laws

-

Paper No. 8

Misrepresentation Ordinance (Cap. 284)

October 93

Perpetuities and Accumulations Ordinance (Cap. 257) Law Amendment and Reform (Consolidation)

Ordinance (Cap. 23)

INTRODUCTION

This paper has been prepared as a basis for consultation in accordance with the principles for consultation agreed with the Chinese side at JLG XVII on the way in which the British side intends to adapt certain provisions in Hong Kong laws in order to ensure that they are consistent with the Basic Law.

2.

This paper deals with three Ordinances which concern the

application of legal principles and rules. The main adaptation proposed is to replace the word 'Crown' by Government' in the

expression This Ordinance (or Part) binds the Crown'. The expression, which appears in each of the three Ordinances, is needed to avoid the effect of section 66 of the Interpretation and General Clauses Ordinance (Cap. 1), which says that ordinances do not bind the Crown. In 'due course, the British side will make proposals for the adaptation of cap. 1 which will include replacing 'Crown' by 'Government' in section 66 and defining 'Government'

mean the Government of the Hong Kong Special Administrative Region.

3.

to

The British side envisages that the proposals set out below would be incorporated in a schedule Of amendments to be attached to a Bill for enactment by the Hong Kong legislature before

1 July 1997.- The Bill would come into force on enactment but the

amendments would take effect on 1 July 1997.

PROPOSALS

4.

Misrepresentation Ordinance (Cap. 284).

This Ordinance

Section

sets out the law relating to misrepresentation in contract.

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