CONFIDENTIAL

A

B

Background

4.

These are two minor

amendments to the Hong Kong

constitutional documents. Our intention had been to submit

them to the Privy Council together with a more significant

amendment to provide for an increase in the official

membership of LEGCO (Mr Layden's minute of 19 March).

However Hong Kong have now told us that Unofficials are

unhappy with this proposal, and would prefer to see it

examined in the context of the 1987 Review.

Hong Kong have

therefore now asked us to defer this proposal until next

year. (Hence the deletion of Article 2. The Council will

accept proofs amended in manuscript.)

5.

However there is still a need to proceed now with

the remaining amendment to the Letters Patent. This is a

consequence of the provisions in the Joint Declaration

which enable current land leases to remain valid beyond

1997. Agreement has been reached in the Sino-British Land

Commission to remove "Colonial"

"Colonial" wording from documents the

validity of which will persist after the termination of

British sovereignty. This means that the requirements in

the Letters Patent, that grants of land shall be made in

the name of the Crown needs to be revoked.

position that all land in Hong Kong remains

until 30 June 1997 will not be affected. Sir W Harding is

writing separately to Buckingham Palace to give advance

notice of this change and to ensure that they see no

objection.

6.

The legal

Crown land

The amendment to the Royal Instructions would allow

Hong Kong to enact laws in Chinese as well as

in Chinese as well as in English or

in both English and Chinese. This is a technical change

arising from a Hong Kong

necessary to facilitate the

laws.

7.

Government

review of measures

future enactment of bilingual

It is convenient to take these two prerogative instruments at the 8 July Council together with an Order in

CONFIDENTIAL

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