CONFIDENTIAL
043231 MDLIAN 0382
CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 1000
OF 030355Z APRIL 91
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pw
HN(241/3
BOR: Letters Patent.
HONG KONG TELNO 889: EXECUTIVE COUNCIL
Aug 14.
1. AT THE PART I MEETING OF THE EXECUTIVE COUNCIL HELD ON 26 MARCH THE COUNCIL ADVISED AND THE GOVERNOR ORDERED THAT
A. (MEMORANDUM XCR(9157 REFERS)
THE QUEEN ELIZABETH FOUNDATION FOR THE MENTALLY HANDICAPPED (AMENDMENT) BILL 1991, SHOULD BE INTRODUCED INTO THE LEGISLATIVE COUNCIL.
B. (XCC (91)52)
A RECOMMENDATION SHOULD BE MADE TO THE SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS THAT THE LETTERS PATENT BE AMENDED
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(I) TO PROHIBIT THE MAKING OF LAWS THAT RESTRICT THE RIGHT AND FREEDOMS ENJOYED IN HONG KONG IN A MANNER4 WHICH IS INCONSISTENT WITH THE INTERNATIONAL COVENANT OF CIVIL AND POLITICAL RIGHTS AS APPLIED TO HONG KONG:
(II) TO PROVIDE CLEARLY FOR DELEGATION BY THE GOVERNOR OF HIS POWER UNDER ARTICLE XIV OF LETTERS PATENT TO APPOINT PUBLIC OFFICERS WITH THE EXCEPTION OF JUDGES OF THE SUPREME COURT OR OF THE DISTRICT COURT, THE CHIEF SECRETARY, THE ATTORNEY GENERAL THE FINANCIAL SECRETARY:
(III) TO VALIDATE PRIOR APPOINTMENT MADE BY ANY PERSON TO WHOM THE POWER OF APPOINTMENT HAD PURPORTEDLY BEEN DELEGATED UNDER ARTICLE XIV OF THE LETTERS PATENT OR PROVIDED FOR UNDER A LOCAL ORDINANCE:
OR
(IV) TO PUT BEYOND DOUBT THAT APPOINTMENTS PROVIDED FOR UNDER A LOCAL ORDINANCE ARE SEPARATE FROM AND INDEPENDENT OF APPOINTMENTS MADE UNDER ARTICLE XIV OF THE LETTERS PATENT:
AND THAT THE ROYAL INSTRUCTIONS BE AMENDED
J
(V) TO VALIDATE PROCEEDINGS OF THE LEGISLATIVE COUNCIL NOTWITHSTANDING ANY DEFECT IN THE ELECTION, APPOINTMENT OR
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