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RECEIVE
Mr. Paul Fifoot,
Loyal Advice,
05 DEC 1990
DECK C
INDEX
Foreign and Commonwealth office,
London SWLA ZAN.
Dear
son Täter
M
14/12
3 December 1990
Copies: J1⁄2. Major
7. Barrett.
Jand ti Walia & form
4/12
~
BILL OF kignts
Thank you for writing to me about the contents
of Hong Kong Telno 3514-
374
We share your thinking about what meaning, if any, can be given to the phrase "subject to the Letters Patent" other than that it states the constitutionally obvious. However, in using this formula there is perhaps a suggestion that there exists already some conflict between the BOR and the superior constitutional instrument. A way avoiding this would be to use an alternative formula along the following lines:-
"In the event of any inconsistency between this Ordinance at the Letters Patent, the Letters Patent shall prevail."
This formula is less suggestive of possible conflict but considerable thought would have to be given to the legal and political implications of a phrase like this which referred to the Basic Law. judgment however is that this alternative formula will not wash with the Chinese side.
The political