CONFIDENTIAL
FM FCO
TO DESKBY 26080OZ HONG KONG
TELNO 571
OF 25190OZ MARCH 91
CONFIDENTIAL
INFO ROUTINE UKREP JLG HONG KONG
HK tel no 876
Pa MAB 012/2
29 M3R
てと、
021377
MDHOAN 0443
TOP COPY
Q DIST?
YOUR TELNO 528: AMENDMENTS TO LETTERS PATENT AND ROYAL INSTRUCTION'S
1.
OUR LEGAL ADVISERS HAVE NOW BEEN ABLE TO STUDY THE PROPOSALS IN TUR AND YOU MAY WISH TO HAVE THEIR ADVICE, SET OUT BELOW, IN ADVANCE OF THE EXCO DISCUSSION.
2.
WE NOTE YOUR CONCERNS SET OUT IN PARAGRAPH 6 OF TUR. HOWEVER, THERE DOES NOT APPEAR TO BE ANY NEED TO HAVE PROVISIONS CORRESPONDING TO (B) AND TO THE SECOND PART OF (A) (''OR ANY LAW... THESE LETTERS PATENT'') AS SET OUT IN YOUR PARAGRAPH 6 IN THE AMENDING LETTERS PATENT. THESE AMENDMENTS ARE PRESUMABLY INTENDED TO COVER METHODS E AND D RESPECTIVELY SET OUT IN YOUR PARAGRAPH 2). BUT THE POWER TO MAKE APPOINTMENTS BY EITHER METHOD DERIVES FROM THE PARTICULAR ORDINANCE AND ULTIMATELY FROM ARTICLE VII OF THE LETTERS PATENT AND IS IN NO WAY DERIVED FROM ARTICLE XIV OF THE LETTERS PATENT. WE SHOULD BE GRATEFUL IF YOU WOULD RECONSIDER THESE PROPOSED AMENDMENTS IN THE LIGHT OF THE ABOVE AND IN THE LIGHT OF PARAGRAPH 4 OF FCO TELNO 199 OF 29 JANUARY 1991.
3.
YOUR AMENDMENT SET OUT IN THE FIRST PART OF PARAGRAPH CA), UNDER PARAGRAPH 6 OF TUR, (''BY ANY PERSON ..... UNDER THAT ARTICLE'') IS ACCEPTABLE. IT COULD BE IMPROVED HOWEVER BY ADDING ''TO THE PUBLIC SERVICE OF HONG KONG BETWEEN THE WORDS ''NO APPOINTMENT MADE
AND ''BEFORE THE COMING .... IN
THE CLAUSE. GRATEFUL IF YOU WOULD CONFIRM THAT YOU ARE CONTENT WITH THIS ADDITION.
4. THE LONGER VERSION SET OUT IN YOUR PARAGRAPH 8 IS PREFERABLE TO THE SHORTER VERSION IN PARAGRAPH 7. BUT BOTH THESE
AMENDMENTS APPEAR TO STATE THE OBVIOUS AND WE DOUBT THE NEED FOR THEM. GRATEFUL IF YOU WOULD EITHER RECONSIDER THEM OR PROVIDE MORE REASONING FOR THEIR NECESSITY.
HURD
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CONFIDENTIAL