CONFIDENTIAL
FM FCO
TO IMMEDIATE HONG KONG
TELNO 1897
OF 121145Z OCTOBER 90
90
CONFIDENTIAL
Mr Stone.
134707 MDHOAN 9133
TOP COPY
HKB 012 16 Q DIST?
ECF ver
TA
17 OCT 1990
YOUR TELNO 2826: ARTICLE XIV OF THE LETTERS PATENT
1.
WE AGREE THAT PROVISION NEEDS TO BE MADE TO REGULATE
APPOINTMENTS UNDER ARTICLE XIV OF THE LETTERS PATENT. WE NOTE THAT YOU HAVE IT IN MIND TO SUGGEST A PROVISION ON THE LINES OF ARTICLE XIII(2) SUBJECT TO EXCEPTIONS. ANY NEW PROVISION SHOULD
ALSO CONTAIN AN APPROPRIATE REFERENCE TO THE MAKING OF
APPOINTMENTS UNDER ANY ORDINANCE.
2.
IT WOULD ALSO BE NECESSARY TO INCLUDE A PROVISION VALIDATING EXISTING APPOINTMENTS WHICH MAY HAVE BEEN MADE IRREGULARLY. YOU MAY WISH TO CONSIDER SOMETHING ON THE FOLLOWING LINES:-
2.
HURD
QUOTE NO APPOINTMENT MADE BEFORE THE COMING INTO FORCE OF THE HONG KONG LETTERS PATENT (NO 2) 1990 BY A PERSON TO WHOM THE POWER OF APPOINTMENT WAS PURPORTEDLY DELEGATED UNDER SECTION 63 OF THE INTERPRETATION AND GENERAL CLAUSES ORDINANCE SHALL BE CALLED IN QUESTION ON THE GROUNDS THAT THE APPOINTMENT WAS NOT MADE IN ACCORDANCE WITH ARTICLE XIV
OF THE PRINCIPAL LETTERS PATENT UNQUOTE.
GRATEFUL FOR YOUR COMMENTS.
YYYY
MAIN
76
.HONG KONG AGREEMENT
. (RESTRICTED)
LIMITED
HKD
DISTRIBUTION
79
PUSD
NEWS D
PS/LORD CAITHNESS
MR MCLAREN
PAGE
1
CONFIDENTIAL