CODE 18-77
SECRET
Reference...
167
Mr Powell,
роже
h
HKD
This is the short answer to the question Shid
See 108
ravail by
the Grene. I myse the the not ship might set could
the Grenen a got his & plan=
more detail that he thinks
would
FUTURE OF HONG KONG: EXCO tu cutitutions inition at be.
1.
Chat/
The Letters Patent and Royal Instructions do not create any body known as "The Hong Kong Government". The provisions concerning the Executive Council are in Article V of the Letters Patent and in Instructions I - XII of the Royal Instructions.
2.
Royal Instruction
IX enables the Executive Council to
continue to function notwithstanding any vacancy in its membership, provided the specified quorum (four besides the person presiding) is present. Instruction III enables, but does not oblige, the Governor to appoint provisional replacements when a vacancy occurs, eg by appointing any public officer or other person to act temporarily as an Unofficial Member of the Council.
3. I suggest that the department should get out any current Instructions issued under Article V of the Letters Patent or Instruction II of the Royal Instructions, in order to check whether they specify any minimum number of Unofficial Members. If they do, we may have to be prepared to change them. If they do not, the position will be as stated in paragraph 2 above.
•HKK
RECEIVED IN REGISTRY
011/3
2 O JUN1984
У. Виполо
F Burrows
Legal Counsellor
6 June 1984
INO
CICER
PA
you
be able to look out x?
1. My Heure
would
7. My Hom
When should we
Mr. Powell
Mr. Pofrell
II am not aware of any
that speaking
prone
the posting
Instrating
Mendes apart
prom. I the your gree
ints appear
Howwer, as HK have so
wet??
%%
Joveri
we
ther
to be institut.
as I have suggested (ine seen
telegion?) tat the Govern cold not-
inthal royed
Marles
Mo
бно
shed props chase this port with them
2. Copies of releat pot of LP.AR. I Attached.
K4716
Pl draft bel to the Governm. We need to find the tel.
to which Mr. Houve refers D 8/16
SECRET