CONFIDENTIAL FM HONG KONG
TO IMMEDIATE FCO
TELNO 1273
OF 270209Z APRIL 91
37
CONFIDENTIAL
Rar
39
147063
MDHIAN 4051
TOP COPY Q DIST?
YRTELNO 785: AMENDMENTS TO LETTER PATENT AND ROYAL INSTRUCTIONS
1. IN PARAGRAPH 2 OF TUR YOU ASKED FOR OUR ASSESSMENT OF THE JUDGEMENT DELIVERED BY KAPLAN J ON 22 APRIL. WE BRIEFLY SET OUT THE IMMEDIATE REMEDIAL STEPS WHICH HAVE BEEN TAKEN IN THE LIGHT
OF THE JUDGEMENT. A FULLER ASSESSMENT OF THE JUDGEMENT AND ITS
IMPLICATIONS WILL FOLLOW SHORTLY.
2. THE ATTORNEY GENERAL HAS GIVEN NOTICE OF APPEAL AND THE APPEAL
HAS BEEN SET DOWN FOR HEARING ON 29 APRIL 1991. IT IS EXPECTED TO
LAST 5 DAYS.
3. ACTION WAS IMMEDIATELY TAKEN ON THE DAY OF JUDGEMENT TO
MITIGATE ITS EVIDENT DISABLING IMPLICATIONS FOR THE ADMINISTRATION OF JUSTICE. LATER THAT DAY THE GOVERNOR ISSUED NEW WARRANTS OF APPOINT UNDER HIS OWN HAND IN RESPECT OF ALL PERMANENT AND SPECIAL MAGISTRATES. ON 24 APRIL THE CHIEF JUSTICE ADMINISTERED THE REQUISITE JUDICIAL OATHS TO ALL APPOINTEES WHO WERE THEN AVAILABLE: THOSE WHO WERE NOT, EITHER HAVE BEEN SWORN SUBSEQUENTLY, OR WILL BE, BEFORE RESUMING THEIR JUDICIAL DUTIES.
4. AS A MATTER OF PRUDENCE, THOSE JUDGES OF THE DISTRICT COURT WHO WERE PREVIOUSLY PERMANENT MAGISTRATES APPOINTED UNDER THE DELEGATION OF POWER WHICH THE JUDGEMENT HAS DECLARED TO BE DEFECTIVE AND UNLAWFUL ARE TO TAKE THE JUDICIAL OATH ANEW, SINCE THE ONLY PREVIOUS ADMINISTRATION OF THE OATH WAS IN RESPECT OF AN APPOINTMENT WHICH NOW TO BE REGARDED AS A NULLITY. THIS WILL BE
DONE ON 27 APRIL 1991.
5. THE POSSIBLE NEED TO ISSUE NEW WARRANTS OF APPOINTMENT FOR
CERTAIN OTHER CATEGORIES OF JUDICIAL OFFICER IS ALSO UNDER URGENT
CONSIDERATION.
6. AS THE OUTCOME OF THE APPEAL WILL NOT BE KNOWN UNTIL SOME TIME
AFTER 3 MAY IT IS LIKELY THAT WE SHALL NOT BE IN A POSITION TO REACH AN INFORMED VIEW AS TO WHAT FURTHER AMENDMENTS, IF ANY, TO THE LETTERS PATENT ARE CALLED FOR IN TIME FOR THE NEXT SCHEDULED
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