∞)
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SECRET
FM
HONG KONG
TO PRIORITY FCO
TELNO 411
OF 29045UZ JANUARY 88
SECRET
HURA 373/1
- 1 EB 1988
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MY TELNO 290: AMENDMENTS TO LETTERS PATENT AND ROYAL
016653
MDLIAN 5903
TOP CA
7
TO BIGAY
INSTRUCTIONS.
MY TWO IFTS SET OUT THE TEXTS OF OUR PROPOSED AMENDMENTS. FOLLOWING ARE OUR COMMENTS ON THESE
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(A) (NEXT TWO WORDS UNDERLINED) LETTERS PATENT : PREAMBLE (ARTICLES 1 (4) AND (5)) ARE IN A FORM WHICH WILL ENABLE THE EXISTING ELECTORAL LEGISLATION TO BE AMENDED IN PREPARATION FOR THE
'GENERAL' ' ELECTION IN SEPTEMBER, BUT WITHOUT ALTERING (OR APPEARING TO ALTER) THE PRESENT LEGCO IN THE MEANTIME. THE ''APPOINTED DAY' (CLAUSE 1 (5)) IS DEFINED TO COINCIDE WITH THE RECALL PROVISION IN CLAUSE XXVIIIA (2) OF THE ROYAL INSTRUCTIONS WHICH PROVIDES THAT ELECTED MEMBERS WOULD CONTINUE TO SIT AS SUCH FOR AN EMERGENCY SITTING UNTIL ELECTION DAY.
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(B) ARTICLE 2. (AMENDING ARTICLE VI(1)). THIS PROVIDES FOR THE REDUCTION OF THE NUMBER OF APPOINTED MEMBERS OF THE LEGISLATIVE COUNCIL AND FOR A CORRESPONDING INCREASE IN THE NUMBER OF
ELECTED MEMBERS.
(C) ARTICLE 3. (AMENDING ARTICLE XVIA (2)). THIS PROVIDES FOR THE NEW RETIRING AGE OF 65 FOR DISTRICT COURT JUDGES APPOINTED ON OR AFTER 1 JANUARY 1987. IT WILL ALSO ENABLE THE SERVICES OF A SUPREME COURT JUDGE TO BE EXTENDED. A SUPREME COURT JUDGE APPOINTED UNDER ARTICLE XVIA(2) (B) (I)
NEW EXTENSION PROVISION.
(D)
WILL NOT BE COVERED BY THE
INSTRUCTIONS. CLAUSE 2.
(NEXT TWO WORDS UNDERLINED) ROYAL (AMENDING CLAUSE II). THIS IS PRIMARILY INTENDED TO IMPLEMENT THE DECISION ANNOUNCED BY SIR EDWARD YOUDE IN HIS ADDRESS TO THE LEGISLATIVE COUNCIL IN OCTOBER 1986 TO DISCONTINUE THE TITLE
·
U 'UNOFFICIAL''. THE CLASSES OF MEMBERS OF THE EXECUTIVE COUNCIL (OFFICIAL MEMBERS (INCLUDING EX-OFFICIO MEMBERS) AND APPOINTED MEMBERS) ARE CONSISTENT WITH THE CLASSES OF MEMBERS OF THE LEGISLATIVE COUNCIL DESCRIBED IN ARTICLE VI(1) OF THE LETTERS PATENT. ALTHOUGH THE PRESENT TEXT DOES NOT INCLUDE IT, LEGAL ADVICE HERE IS THAT IT MAY BE DESIRABLE TO ADD A PARAGRAPH IN
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