TNAG-2877-FCO40-4149-Future-of-Hong-Kong-adaptation-of-laws-1993 — Page 77

1

GOVERMENT HOUSE HONG KONG.

FRI 65 NOV 93 06:53

PG.03

CONFIDENTIAL

ANALYSTS

3.

how

In considering to

adapt the

ĥ

expression "This

Ordinance

F

binds to Crown" or those expressions of similar wording to the Basic

have assumed that, firstly

Law, we hold on to the beliefs that the common law rule in section

jes

66 of Cap. 1 would be retained and secondly, the FRC Government

distract from the agencies would be treated as separate entity which is not covered

by HKSAR Government. Whether such agencies would be offered State

immunity and privileges should be considered separately when the

subject of State immunity comes up for discussion.

PROPOSALS

4.

This paper proposes to adapt the expression "This

Ordinance binds the Crown", to become "This Ordinance binds the

Government" (i.e.<<HKSAR Government) in three ordinances which mainl;

concern the application of legal principles and rules. The details

of the proposals are as follows :

1

(a)

A

(b)

Misrepresentation Ordinance (Cap. 264). This Ordinance

provides for the law relating to the misrepresentation ir

contract. It is proposed that section 7 should be amended

by replacing the word "Crown" with "Government",

This

Perpetuities and Accumulations Ordinance (Cap. 3571.

Ordinance stipulates the law relating to the avoidance of

future interests in property on grounds of remoteness and

governing accumulations of income from property. It

proposed that section 3 (4) should be amended by replacing

the word "Crown" with "Government"

CONFIDENTIAL