TNAG-2877-FCO40-4149-Future-of-Hong-Kong-adaptation-of-laws-1993 — Page 76

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

GOVERMENT HOUSE HONG KONG.

FRI 05 NOV 93 06:52

PG.02

LASG Paper No.

Part b

CONFIDENTIAL

Adaptation of Laws - Consultation Paper No. 3

Analysis and Discussion

Misrepresentation Ordinance (Cap. 284)

Perpetuities and Accumulations Ordinance (Cap. 257)

Law Amendment and Reform (Consolidation)

Ordinance (Cap. 23)

BACKGROUND

There is a common law presumption that the Crown will not

statute in the absence of express words or unless by

implication. The interpretation and General Clauses

be bound by a

necessary

Ordinance (cap. 1) has incorporated this common law rule in its

section 66 thereby giving statutory effect to the rule. All the

ordinances with the legislative intent to bind the Crown therefore

include a section which specifies that "This Ordinance binds the

similar wording. Please see the related

crown immunity from statutes" prepared

Crown"

provides for

paper "Adaptation of Laws :

by the Legal Folicy Division for details.

2.

The Crown is not defined

to

the ordinances.

IM

the Monarch whose powers

constitutional usage, the term refers

are by constitutional convention to be exercised by the executive

arm of the government as well as by the legislature.

+

Nowadays, the

to the

zeference

Crown is often used in સ્ત્ર somewhat broad sense in

functions of government and the public administration.

CONFIDENTIAL

NO

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