Mr Stone, HKD
CONFIDENTIAL
Ра
Paul Fifoot
Legal Advisers
А
HKCB 012 12
From:
71
Date:
18 January 1991
сс Ms Barrett
кр
3
HONG KONG: CONSTITUTIONAL ISSUES: HONG KONG TELNO 162
1.
I am not surprised that Hong Kong wish, yet again, to put back the Letters Patent. Our only concern here is that the making of the provision relating to the ICCPR should precede the passing by LegCo of the Bill of Rights. The only later dates we have at the moment for meetings of the Privy Council (paragraph 11 of TUR) are 20 March and 16 April.
Draft Letters Patent
Subject to paragraph 10 of TUR, there is no change to draft Article 1(3) and Article 2.
2.
3.
-
see
As regards the power of appointment (paragraph 3 (B) of TUR), I have amended the proposed new Article XIV (2) attachment - by inserting express references to the three senior officials. I do not know if paragraph 3 (A) is intended to ask us to do something; in view of paragraph 4 (B), I assume not.
4.
Paragraphs 4, 5 and 6 are rather confusing. I suspect the author of TUR does not fully grasp the position with regard to statutory appointments (ie appointments under a specific power in a Hong Kong ordinance) and their relationship, or rather lack of relationship, to Article XIV of the Letters Patent. Under Article VII of the Letters Patent, the Governor, with the advice and consent of LegCo, may make laws for the peace, order and good government of Hong Kong. He may thus make laws constituting public offices, providing for appointments to those offices and regulating the various conditions of service in those offices. Any such Ordinance constitutes a distinct power of appointment from that contained in Article XIV and is in no way subject to Article XIV. If there is a statutory power in relation to public offices, they are regulated by the Ordinance not by the Letters Patent. (The position is similar in the United Kingdom where some offices are created by statute and other offices are created by or under the
7 PFAAW
CONFIDENTIAL