CONFIDENTIAL
177
MDHOAN 6719
APPOINTMENTS BY ANY PERSON UNDER A POWER CONFERRED BY AN ORDINANCE: SIMILARLY, NOTHING NEEDS TO BE DONE ABOUT ANY DELEGATE OF A PERSON, INCLUDING THE GOVERNOR, EMPOWERED TO MAKE AN APPOINTMENT TO AN OFFICE ESTABLISHED BY AN ORDINANCE IF THERE IS A STATUTORY POWER (SUCH AS SECTION 63 OF CAP 1) TO DELEGATE THAT POWER OF APPOINTMENT. THE VALIDATING PROVISION (ARTICLE 2(2) OF THE AMENDING LETTERS PATENT DOES NOT NEED TO GO BEYOND
APPOINTMENTS MADE BY PERSONS WHO WERE PURPORTEDLY DELEGATED TO EXERCISE THE GOVERNOR'S POWERS UNDER ARTICLE XIV.
ROYAL INSTRUCTIONS
6. AS REGARDS THE VALIDITY OF PROCEEDINGS (CLAUSE XIX(1)), IN ORDER TO ACCOMMODATE PARAGRAPH 7 OF TUR, WE PROPOSE TO DELETE THE FIRST ALTERNATIVE AND TO INSERT THE WORDS ''ANY SUCH VACANCY OR'', THE SUGGESTION MADE OF ADDING THE WORDS ''SUBJECT TO SUBCLAUSE (2) IS NOT NECESSARY AND THE WORDS 'NOT FILLED'' ARE TAUTOLOGOUS. FURTHER, WE CONSIDER THAT THERE IS NO NEED FOR PARAGRAPH (C).
7.
WE HAVE MADE SOME MINOR AMENDMENTS TO ACCOMMODATE OTHER ELEMENTS IN PARAGRAPH 7 OF TUR.
HURD
YYYY
MAIN
58
.HONG KONG AGREEMENT
.(RESTRICTED)
LIMITED
HKD
HD/FED
NEWS D
ADDITIONAL
2
MS BARRETT LEGAL ADVISERS MR FIFOOT LEGAL ADVISERS
DISTRIBUTION
60
PUSD
RAD
PS/LORD CAITHNESS
PS/MR LENNOX-BOYD
MR MCLAREN
MR BURNS
PAGE
2
CONFIDENTIAL