HKK. 1/24
Reference.......
Mr. Rushford
49.
Flag A Flag B.
The Governor has proposed at (1) certain amendments to the Hong Kong Letters Patent and Royal Instructions. Subject to your views on legal aspects, I do not think his proposals present any difficulties although they will of course need to be put to higher authority. Copies of the Letters Patent and Royal Instructions are at f.c.
2.
Royal Instructions
Clause III:
Clause XIII:
Clause XXIX:
You may recall that this point arose in connection with appointments to the Legislative Council and Executive Council earlier this year. Paragraph 7 of (15) on HKK.1/3 refers. It seems only logical that the position in this respect should be the same for appointments to both Councils.
I think that paragraph 3 A(i) of the Governor's despatch contains a typographical error in line 2 and that the reference to Clause XXIII should be to Clause XVIII, not that it is of any great significance. I think that the proposed amendment is desirable since ex officio members of Executive Council are already defined.
Unless there is any legal objection this seems a sensible proposal.
Clause XXXII: I suppose the Governor is correct in saying that this clause is redundant having regard to Article XIV of the Letters Patent? Both the clause and the Article at present refer to "Commissions" or "Commissioners" whereas the proposed new Article XIV mentions only Judges, J.P.'s and "other public officers". I am not
3. Letters Patent
Article XIV:
Article XV:
P.TO.
sure if this would include "Commissions" and "Commissioner's" or if those words have any special significance.
See the immediately preceding comments.
This is an interesting proposal and it makes one surmise whether the Governor has in mind any action in relation to the remission of sentences of long term Communist confrontation prisoners, about which we have been pressing him. I can in any event see no objection to the proposal
(A.. Gaminara) 26 August. 1070