CONFIDENTIAL
CONFIDENTIAL
HRC241/3
R2
16 JAN 1991
TRY
IND
FM HONG KONG
TO IMMEDIATE FCO
TELNO 162
¿
STRY
4 Ta
fa
122201
MDHIAN 8767
Boff: Amendment
OF 16100OZ JANUARY 91
INFO PRIORITY UKREP JLG HONG KONG
YOUR TELNO 63:
pw (previous page)
to Letters Patent
Puro/1.
AMENDMENTS TO THE LETTERS PATENT AND ADDITIONAL
INSTRUCTIONS RELATING TO CONSTITUTIONAL MATTER
1. THANK YOU FOR TUR AND THE DRAFTS OF THE AMENDING LETTERS PATENT (LP) AND ADDITIONAL INSTRUCTIONS SENT BY FAX. WE HAVE THE FOLLOWING COMMENTS.
ICCPR (PARA 2 OF TUR)
2. CLAUSES 1(3) AND 2 OF THE AMENDING LETTERS PATENT ARE AGREED.
POWERS OF APPOINTMENT (PARA 3 OF TUR)
3. THE ORIGINAL DIFFICULTY WITH ARTICLE XIV OF THE LP LIES WITH THE LINE OF DEMARCATION BETWEEN DELEGABLE AND NON-DELEGABLE APPOINTMENTS WHICH CAN BE SAFELY AND CORRECTLY DRAWN (SEE PARAS 5 AND 6 OF OUR TELNO 2826 OF 1990). THE NEED FOR THE GOVERNOR TO RETAIN PERSONALLY THE POWER TO APPOINT PUBLIC OFFICERS AT THE HIGHER LEVELS OF THE JUDICIARY AND THE ADMINISTRATION IS WELL RECOGNISED AND AGREED. SUBJECT TO THE FOLLOWING CLARIFICATION AND COMMENTS, WE ARE CONTENT WITH THE SPECIFIC OFFICES LISTED IN THE PROPOSED CLAUSE 3(1)(B):
(A) THE TERM QUOTE THE OFFICE OF JUDGE OF THE SUPREME COURT OR JUDGE OF DISTRICT COURT UNQUOTE IS BASED ON ARTICLE XVIA OF THE LP AND DOES NOT INCLUDE DEPUTY JUDGES OF THOSE COURTS: AND
(B) WE PREFER TO MAKE REFERENCE TO THE OFFICES OF THE CHIEF SECRETARY, ATTORNEY GENERAL AND THE FINANCIAL SECRETARY INSTEAD OF TO EX-OFFICIO MEMBERSHIP OF LEGCO (C.F. ARTICLE VI OF THE LP), PARTLY BECAUSE THIS IS DIRECT AND PARTLY BECAUSE THEIR EX OFFICIO MEMBERSHIP OF LEGCO WILL CEASE IN 1995.
4. HOWEVER, WE FEEL THAT THE PROPOSED AMENDMENTS TO ARTICLE XIV OF THE LP MAY NOT GO FAR ENOUGH TO ADDRESS FULLY OUR CONCERN ON THE WIDER IMPLICATIONS OF THAT ARTICLE. SPECIFICALLY WE ARE CONCERNED WITH :
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