CONFIDENTIAL
COPY OF MINUTE FROM PAUL FIFOOT, DEPUTY LEGAL ADVISER TO RICHARD
HOARE, HONG KONG DEPARTMENT DATED 21 DECEMBER 1984
1. I attach copies of a redraft of the Letters Patent and
additional instructions. My general approach has been to avoid
repetition and accordingly I have so drafted as to get away from
repeating the basic provision for the Legislative Council in both Letters Patent and Royal Instructions it now appears only in the
Letters Patent; I would also propose that all the provisions
relating to elected members should be set out in a local ordinance
and tied into the constitutional instruments only by the new Article
VI (3) and the new Article VII (2). The latter provision is
necessary since the Hong Kong Legislative Council is not a
representative legislature within the terms of the Colonial Laws
Validity Act and therefore requires specific power
requires specific power to make provision
for the legislature of a Colony.
2.
On matters of detail:
The
Letters Patent
Article 1 (3). Both with regard to the Letters Patent and with
regard to the Royal Instructions, I think that it would be too late
to defer operation to 1 November." so far as provision has to be
made enabling the Legislative Council to enact the elections
ordinance, the Letters Patent needs to be made and in force before
that ordinance is presented for assent (and if the proprieties are
to be observed, before it is introduced). Further, various things
will have to be done before the legislature with its proposed new
composition meets. I would therefore propose that the basic
commencement date is the day after the conclusion of the current
session of the legislature and this should be advanced only in
respect of that provision which confers power to enact the electoral
law. It is for consideration whether it should also be advanced in
respect of Clause 10 of the additional instructions.
CONFIDENTIAL