{ubmission
бет бат
m
22/2.
Ms Coglin
HKB 010/t.
10/4 (NO)
4
HKB OIC/1
FROM: Miss S Brooks
Legal Counsellor K199
DATE: 5 April 1991
270 3069
HKD
REFERRALS OF APPOINTMENTS TO SECRETARY OF STATE
1. Thank you for letting me see the draft submission and for sending me background papers at my request. I would be most grateful if you would be kind enough to send me any relevant papers including past minuting by Legal Advisers at the time you ask me for advice or comments. My comments on the draft are as follows.
2.
Paragraph 2. I suggest deleting the reference to Article 90 of the Basic Law, We are concerned here only with the position pre 1997. In any case, Article 90 is a confusing reference because it refers to two judges, the relevant one of which will be known after 1997 not as the Chief Justice but as the Chief Judge. A similar point occurs in paragraph 9 (the first paragraph 9 since there are two in the draft).
Paragraph 4. Article XIV of the Letters Patent will soon be amended but I do not think the amendment is relevant.
4. I suggest paragraph 8, first sentence is revised to replace "included" by "concluded", to delete the second "that" and to change "State" to "State's". The second and third sentences should exchange places and the new third sentence should begin "Such limitation will" in place of "This will". In the new second sentence, I wonder whether we need the part after the colon; it seems to me that Article 48(5) makes it perfectly clear which positions are involved.
-5. Paragraph 10. Please delete "the Legal Adviser" and
replace by "Legal Advisers".
6. The second paragraph 9 should be renumbered as paragraph 10 with consequential renumbering of subsequent paragraphs.
7. Old paragraph 13. You refer to a draft letter of instruction. I have not seen this.
Shelagh Brooks
S Brooks
13