For decision
26 March 1991
CONFIDENTIAL
thing 012/2
XCC(91) 52 Copy No.
APP 1997
MEMORANDUM FOR EXECUTIVE COUNCIL
38
Pa
23
AMENDMENTS TO LETTERS PATENT AND ROYAL INSTRUCTIONS
THE PROBLEM
Government's public commitment to entrench the International Covenant on Civil and Political Rights (ICCPR) in the Letters Patent, a recent review which cast doubts on the ability of the Governor to delegate his power to appoint public officers under Article XIV of the Letters Patent and the constitutional changes affecting the Legislative Council mean that the Letters Patent and the Royal Instructions require amendment.
ECOMMENDATION AND ADVICE SOUGHT
2
It is recommended that a recommendation be made to the Secretary of State For Foreign and Commonwealth Affairs that the Letters Patent be amended
(a) to prohibit the making of laws that restrict the rights and freedoms enjoyed in Hong Kong in a manner which is inconsistent with the ICCPR as applied to Hong Kong (paragraph 4);
(b)
(c)
(a)
to provide clearly for delegation by the Governor of his power under LP Article XIV of Letters Patent to appoint public officers with the exceptions of Judges of the Supreme Court or of the District Court, the Chief Secretary, the Attorney General or the Financial Secretary
(paragraphs 5 to 11);
to validate prior appointments made by any person to whom the power of appointment had purportedly been delegated under Article XIV of the Letters Patent or provided for under a local Ordinance (paragraphs 5 to 11);
to put beyond doubt that appointments provided for under a local ordinance are separate from and independent of appointments made under Article XIV of the
Patent (paragraphs
5-11);
Letter
CONFIDENTIAL