CONFIDENTIAL
FM FCO
TO DESKBY 12003OZ HONG KONG
TELNO 1110
OF 11180OZ JUNE
JUNE
91
CONFIDENTIAL
Мив
MUB 012/1
pa
140227
MDHOAN 5229
34
кр
23
23
YOUR TELNO 1880 AND OUR TELNO 1095: DEPUTY PRESIDENT OF LEGCO
1.
WE HAVE BEEN GIVING THOUGHT AS TO HOW WE CAN SQUARE YOUR
WISH TO MAKE A PUBLIC ANNOUNCEMENT ABOUT THE DEPUTY PRESIDENT
NOW, WITH THE LEGAL ADVICE REFERRED TO IN OUR TUR. THE
REASON FOR THAT ADVICE IS SPELT OUT IN PARA 3 BELOW.
2.
WE SUGGEST, THEREFORE, THAT THE FIRST PARAGRAPH OF YOUR PROPOSED PRESS RELEASE SHOULD READ:-
''THE GOVERNOR, SIR DAVID WILSON, ANNOUNCED TODAY THAT HE INTENDED TO INITIATE THE NECESSARY PROCEDURES FOR THE APPOINTMENT OF MR JOHN SWAINE AS A MEMBER OF THE LEGISLATIVE COUNCIL WITH EFFECT FROM THE BEGINNING OF THE NEW SESSION AND THAT, WHEN THE RELEVANT ADDITIONAL INSTRUCTIONS COME INTO OPERATION, HE
INTENDED TO SET IN MOTION THE DUE PROCEDURES FOR MR SWAINE'S APPOINTMENT AS DEPUTY PRESIDENT OF THE COUNCIL''. WE SUGGEST THAT THE SECOND PARAGRAPH SHOULD END AFTER ''ON 31 AUGUST''.
3. THE GOVERNOR'S POWER TO APPOINT THE DEPUTY PRESIDENT IS CONFERRED BY CLAUSE 7(2) OF THE ADDITIONAL INSTRUCTIONS OF 22 AUGUST 1990 WHICH WILL NOT COME INTO OPERATION UNTIL THE ''APPOINTED DAY''. THE NEW CLAUSE XXI (4) PROVIDES THAT THE PROVISIONS OF ARTICLE VI (2) OF THE LETTERS PATENT SHALL APPLY TO THE APPOINTMENT, AND THAT IN THE ABSENCE OF SUCH INSTRUCTIONS AS ARE MENTIONED THEREIN (FROM HER MAJESTY OR THE SECRETARY OF STATE) HE SHALL REPORT THE APPOINTMENT WITHOUT
THE ONLY WAY TO RECONCILE THE TWO PARTS OF THAT CLAUSE IS TO INTERPRET THE WORDS IN THE ABSENCE OF ANY SUCH INSTRUCTIONS'' TO MEAN THAT THERE MUST FIRST HAVE BEEN AN OPPORTUNITY FOR SUCH INSTRUCTIONS TO HAVE ISSUED. IF THE GOVERNOR WERE NOW TO ANNOUNCE HIS INTENTION TO APPOINT, THIS WOULD PRE-EMPT THE RIGHT OF HER MAJESTY OR THE SECRETARY OF STATE TO ISSUE INSTRUCTIONS. NEITHER HAS THE POWER TO ISSUE ANY UNTIL THE ''APPOINTED DAY'' THE APPROVAL GIVEN BY THE SECRETARY OF STATE IN OUR TUR IS POLITICAL ONLY AND DOES NOT
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