Mr Stone, HKD
CONFIDENTIAL
From:
Paul Fifoot
Legal Advisers
Date:
14 June 1990
HKB 012 16
Y
ECEIVER
nó MUG 1990
AMENDMENTS TO THE LETTERS PATENT
1.
I have the following comments on the substance of the material sent to you from Hong Kong.
Letters Patent
2-
Article 2(1)(a):
There is no need to add this
paragraph. The existing paragraph starts "three ex officio members" and it would be repetitive to then add a definition provision as proposed.
3. Since there are going to be different classes of elected members with different qualifications and even different voting provisions, we should make an express reference to this in Article VII (2). We should add at the end of that paragraph:-
4.
"Such a law may make provision for different categories of elected members and separate provision as regards the constituencies, qualifications and disqualifications relating to such categories of elected members,"
I must come back once again to the question of reserved powers of the Governor. Whatever the practice that has developed up to now as regards the Governor's appointment and
(non) removal of appointed members), as a matter of law he has the power to utilise the majority which exists in the official and appointed members to force legislation through LegCo. That power will disappear in 1991. I have at various times over the last years adverted to the question of including in the Letters Patent a reserved power of legislation. I have not all my past minutes to hand but I attach a minute from the then Secretary of State to the Prime Minister dated 19 February 1985 which summarises the position. A new factor which has arisen since then is the existence in Article 51 of the Basic Law of a reserved power to make temporary appropriations. It is also for consideration that between now and 1997 there may be changes in the executive power in Hong Kong which would make a contingent provision for a rather wider reserved power at least highly desirable. The present is an appropriate time, I think perhaps the last appropriate time, for adding such a power and the views of the Governor should be sought and if
2 PFAAT
CONFIDENTIAL
687