Ms Paris
HKD
PA BP 2112.
MAS OIZAO
(35
From:
Miss S Brooks
Legal Counsellor
Date:
2 December 1992
ELECTED LEGCO PRESIDENT AND CBS MEMBERSHIP
1.
I refer to your minute of 1 December on this matter. The Hong Kong Government have asked whether amendments to the Audit Ordinance and the Employees Retraining Ordinance which refer to the Governor as the President of the Legislative Council may be enacted one or two months after approval is given in the Privy Council to the amendments to the Letters Patent and Royal Instructions. The date that approval is given in the Privy Council is not the crucial date. The crucial date is the date of coming into operation of the amendments to the Royal Instructions. I do not think it would be acceptable for the amendments to be made after the amendments to the Royal Instructions come into operation, but since I have provided in the draft Royal Instructions for the instrument to come into operation when published in the Hong Kong Gazette, the Hong Kong Government can time the enactment of the amendments so that they come into operation at the same time as the instrument comes into operation by delaying publication in the Hong Kong Gazette until such time as the amendments to the ordinances are enacted.
2.
Unless the Hong Kong Government reply about my suggested approach to the amendment for Royal Instruction XXIV by close of play on Friday at the latest, there will certainly be insufficient time to put the two instruments to the Privy Council. The Hong Kong Government have been sitting on the amendments to the Royal Instructions and Letters Patent for a long time. It is, in fact, almost too late for the amendments to be made at this Privy Council. It would be possible to wait until the next Privy Council which will probably be in February, but obviously this is undesirable considering that the changes were made in October. As I explained then, it would have been best for the amendments and the Governor's speech announcing the changes to have been synchronised.
Documents must be submitted to the Privy Council Office by 11 December and they have to be submitted to Ministers
3.
/beforehand
1