NOTE FOR THE PRIVY COUNCIL
DRAFT HONG KONG LETTERS PATENT 1991
The draft Letters Patent 1991 (No 1) propose that the powers
conferred on the Governor by Article XIV of the principal Letters
Patent may, save in the case of the offices of Judge of the Supreme
Court, Judge of the District Court, Chief Secretary, Attorney
General or Financial Secretary and subject to such conditions and
restrictions as the Governor may specify, be exercised on behalf of
the Governor by an authorised person. The person may be authorised
by name or by reference to an office. Such authorisation, condition
or restriction shall be notified in the Hong Kong Government
Gazette.
The draft Letters Patent also provide for the validation
of appointments made to the public service of Hong Kong by a person to whom a power of appointment conferred under Article XIV of the
principal Letters Patent was purportedly delegated.
The draft Letters Patent 1991 (No 2) propose that the
International Covenant on Civil and Political Rights 1966, as
applied to Hong Kong, shall be implemented through the laws of Hong Kong and that no such law shall be made after the coming into
operation of the Hong Kong Letters Patent (No 1) 1991 that restricts
the rights and freedoms enjoyed in Hong Kong in a manner which is
inconsistent with the Covenant as applied to Hong Kong.
Draft Hong Kong Additional Instructions 1991
The draft additional Instructions propose revoking and
replacing clause XIX of the principal Instructions with a new
Clause XIX. This new provision saves the Legislative Council from
disqualification from the transaction of business by reason of any
vacancy in its membership and validates its proceedings,
notwithstanding any such vacancy or defect in the election, appointment or qualification of any of its members. The draft additional Instructions also provide that if a quorum of twenty persons including the person presiding is not present at any sitting