TNAG-2877-FCO40-4149-Future-of-Hong-Kong-adaptation-of-laws-1993 — Page 87

Your Ref: CAB E2/19/6,7&8

Our Ref:

16 Oct 1993

BY FAX

David Chin, Esq

CAB

Government Secretariat

HONG KONG

Dear David,

CONFIDENTIAL

1.20/7.

(if no goy yet)

Foreign & Commonwealth

Office

London SWIA 2AH

Telephone: 071-270-3287

ADAPTATION OF LAWS:

PAPERS 6,7 & 8

1. Thank you for your letters of 27 October, 1 November and 5 November enclosing the draft consultation papers on the above-mentioned subjects.

Paper No 6

2.

As far as Paper 6 is concerned, our Legal Advisers suggested the following alterations to the Bills of Exchange Ordinance (Cap 19):

(i) To proposal (b) should be added the chapeau to section 72, ie "Where a bill drawn in one country" should be changed to "Where a bill drawn in one jurisdiction".

(ii) In section 89 (4) in the last sentence "Any other note is a foreign note" the word "foreign" should be replaced if it is intended to include Chinese notes.

3. In the Bills of Sale Ordinance (Cap 20), they felt proposal (e) should specify which section or sections are referred to (section 9 (a) (ii)?).

4.

They had no comments on the proposed adaptations of the Sale of Goods Ordinance (Cap 26) or the Control of Exemption Clauses Ordinance (Cap 71), but raised a query with regard to the latter ordinance. Section 16 of this applies to international supply contracts. An "international supply contract" includes a contract made between parties in and outside Hong Kong. Is it intended that this provision should apply to contracts made between a party in Hong Kong and a party in the mainland of China? As it stands, it would apply to such contracts. If this is intended, it would be better to replace the word "international" with something more appropriate, or else Hong Kong-China contracts should be dealt

CONFIDENTIAL