attatched.
CONFIDENTIAL
HKB 012 16
CONFIDENTIAL
FM HONG KONG
RECEIVED IN REC
Y
06 JUL 1990
TO IMMEDIATE FCO
TELNO 2065
OF 04104OZ JULY 90
INFO PRIORITY PEKING,
116645 MDHIAN 7571
TOP COPY Q DIST?
UKREP JLG HONG KONG
HKD 241/1:1195)
/
OUR TELNO 1179 AND YOUR TELNO 1246 : AMENDMENTS TO THE LETTERS
PATENT
D
1 PARA 4(K) OF YOUR TUR AGREED TO THE POSTPONEMENT OF THE
SUBMISSION TO THE PRIVY COUNCIL UNTIL AFTER THE SUMMER RECESS OF AMENDMENTS TO THE LETTERS PATENT ARISING FROM THE ENACTMENT OF A BILL OF RIGHTS IN HONG KONG. WE ARE, HOWEVER, ANXIOUS TO HAVE THE AMENDMENTS CONCERNING CONSTITUTIONAL DEVELOPMENT CONSIDERED AND HOPEFULLY APPROVED BY THE PRIVY COUNCIL THIS MONTH. ON THE LATTER, OUR PLAN IS TO INTRODUCE THE ELECTORAL LEGISLATION INTO LEGCO ON 25 JULY AND TO HAVE IT ENACTED IN OCTOBER AFTER THE RESUMPTION OF LEGCO BUSINESS. ON THE FORMER, WITH THE INTERVENING SUMMER VACATION AND THE COMPLEXITY OF THE AMENDMENTS RELATING TO THE ICCPR, WE MAY NOT BE ABLE TO AGREE A FINAL TEXT OF THE AMENDMENTS EVEN BY THE
TIME THE PRIVY COUNCIL RECONVENES.
2. WE ARE FAXING REVISED DRAFT AMENDMENTS TO THE LETTERS PATENT AND
ROYAL INSTRUCTIONS CONCERNING CONSTITUTIONAL DEVELOPMENT FOR YOUR
FURTHER COMMENTS. THEY SHOULD BE READ IN CONJUNCTION WITH OUR TELNO
2025.
3. IN PARTICULAR, WE WOULD LIKE TO DRAW YOUR ATTENTION TO OUR PLAN TO CONTINUE TO RELY ON THE LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) ORDINANCE (CAP 381) TO PROVIDE FOR INDIRECT ELECTIONS
TO LEGCO AND TO EXTEND THE APPLICATION OF THE ELECTORAL PROVISIONS ORDINANCE (CAP 367) TO DIRECT ELECTIONS TO LEGCO. WE DO NOT THINK THAT ARTICLE VII (2) OF THE LETTERS PATENT, WHICH REFERS TO QUOTE A LAW UNQUOTE TO PROVIDE FOR THE ELECTION OF ELECTED MEMBERS, ETC WOULD NEED TO BE AMENDED ALTHOUGH REFERENCE TO QUOTE LAWS UNQUOTE APPEARS ELSEWHERE, E.G. ARTICLE IX. WE ALSO CONSIDER THAT THE ABSENCE OF THE SPECIFIC TERM QUOTE ELECTED MEMBER UNQUOTE IN CAP 367 WOULD NOT CAUSE ANY PROBLEM IN RELATION TO ARTICLES VI(1) (E) AS IT PROVIDES SPECIFICALLY FOR ELECTED MEMBERS IN LEGCO AND VII (2) AS
IT RELATES TO A LAW PROVIDING FOR THE ELECTION OF ELECTED MEMBERS.
4. WE HAVE SUBMITTED THE REVISED DRAFTS TO EXCO FOR CONSIDERATION
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CONFIDENTIAL