Miss Brooks

Legal Advisers

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Reference

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REFERRALS OF/APPOINTMENTS TO THE SECRETARY OF STATE

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1.

I have noted your manuscript comments on my minute of 16 April.

2.

I sent you the revised draft out of courtesy and because

I thought it would be useful for you to see it alongside the previous minuting by Legal Advisers on this issue, which you requested. There might have been matters which you wished

I am sorry that you feel that my attempt to be helpful was a waste of time.

to query.

3.

This is

I have taken note of your comments on paras 2 and 9 of the draft submission. Although I have not deleted reference to Article 90, I have made it clear that the present Chief Justice is the equivalent of the Chief Judge of the High Court of the SARG, as envisaged under Article 90. part of the rationale for keeping the Secretary of State's approval for appointments to this post: one theme of the submission is to align the present practice of approving appointments as closely as possible to the role to be

I therefore continue performed by the CPG after 1997.

to think it is necessary to cite the Basic Law equivalents of those posts which we are recommending should be retained for the Secretary of State's approval until 1997.

4.

You also suggest that the form of my draft letter from the Secretary of State to the Governor of Hong Kong may not

I have in fact drawn this form from examples proper.

CODE 18-77

PJYAUD/1

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