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ACCURATE FORMULA MIGHT BE USED TO INDICATE THE FULL EXTENT OF THE EXECUTIVE AND THEN TO DESCRIBE EXCO AS THE PRINCIPAL POLICY-MAKING BODY OF THE EXECUTIVE.
4.
(A)
(B)
(C)
5.
AS MINOR DRAFTING POINTS ON SECOND TUR:
IN PARA 4 AND ELABORATED' IS A DIFFERENT FORMULATION
FROM AND THE ELABORATION OF THEM' IN PARA 3(12) OF THE
JOINT DECLARATION:
PARA 4(A) INCLUDES THE PASSAGE 'INDEPENDENT EXECUTIVE,
LEGISLATIVE AND JUDICIAL POWER', WHEREAS IN BOTH PARA 3(3) AND THE SECOND PARA OF SECTION I ANNEX I TO THE JOINT DECLARATION, THE WORD 'INDEPENDENT' ONLY QUALIFIES
JUDICIAL POWER:
IF APPROPRIATE CHANGES ARE MADE TO THE PARAS DEALING WITH THE EXECUTIVE, PARA 29 WOULD NEED TO BE AMENDED TO REFER
TO THE 'EXECUTIVE COUNCIL' NOT THE EXECUTIVE'.
ON YOUR THIRD TUR, LEGAL ADVISERS MAINTAIN THAT THE FIRST
SENTENCE OF PARA 1 NEEDS AMENDMENT. THEY CANNOT RECALL ANY CASE
IN THE PRESENT BRITISH CONSTITUTION WHERE A POWER OF THE QUEEN IS
IN PRACTICE EXERCISED BY PARLIAMENT. THERE ARE A NUMBER OF
POWERS WHICH THE CROWN EXERCISED IN THE PAST WHICH IT NO LONGER
ENJOYS (EG A POWER OF SEPARATE LEGISLATION AND TAXATION AND VARIOUS ASPECTS OF JUDICIAL POWER) BUT IN SO FAR AS THESE ARE EXERCISED BY PARLIAMENT (WHICH IN SOME BUT NOT IN ALL RESPECTS MEANS THE QUEEN IN PARLIAMENT) THEY ARE EXERCISED IN RIGHT OF PARLIAMENT AND NOT BY A CUSTOMARY OR CONVENTIONAL EXERCISE OF AN
EXISTING ROYAL POWER. WE WOULD THEREFORE PROPOSE THAT THE PHRASE
'PARLIAMENT AND BE DELETED FROM THE FIRST SENTENCE. WE DO NOT
THINK THIS LOSES YOUR BASIC POINT.
6.
GRATEFUL IF THESE SUGGESTED AMENDMENTS COULD BE BORNE IN
MIND WHEN YOU PUT THE PAPERS TO EXCO ON 2 APRIL.
HOWE
HONG KONG AGREEMENT: RESTRICTED
LIMITED
HD/HKD
HD/FED
COPIES TO:
MR FIFOOT, LEGAL ADVISERS MR WOOD LEGAL ADVISERS
RESEARCH D (FE)
DEP/HD PUSD
PS/MR RENTON MR WILSON
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