Ms Paris
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From: Miss S Brooks
Legal Counsellor
Date: 19 November 1992
37
AMENDMENTS TO THE ROYAL INSTRUCTIONS AND LETTERS PATENT
1.
In the letter of 27 October from Joseph Lai which came in my absence on leave he explains that the Hong Kong Government have noted that no amendment is proposed for Clause XXIV of the Royal Instructions. This provision allows any member of Legco to propose any question for debate, but it has a proviso to the effect that every ordinance, vote, resolution or question, the object or effect of which is to dispose of or charge any part of the revenues of Hong Kong shall be proposed by the Governor. The proviso also allows the Governor to delegate this power of proposal.
2.
The Governor's power to initiate financial legislation is a very important provision. While it is true that if it were removed an Official Member of Legco, such as the Financial Secretary, could propose, for example, a financial ordinance on behalf of the Government, once Official Members disappear from Legco, the Government would not have the right to initiate financial legislation. This could obviously lead to very serious problems. The Governor's power needs therefore to be preserved. In deciding how to preserve it, we need to consider this issue together with the proposed amendment to Letters Patent VI (1) (a) concerning the Governor's membership of Legco. This is because the Governor's power to make financial proposals to Legco appears to depend on his membership of Legco. It would appear from Royal Instruction XXIV that only members of Legco may propose questions for debate. Perhaps you would confirm this with Hong Kong.
3.
On
The proposed amendment of Letters Patent VI(1)(a) is designed to remove the Governor from Legco in his capacity as a member of Legco. This is separate from the removal of the Governor as President of Legco and it was not proposed by Mr Patten. I suggested that Letters Patent VI(1) (a) should be removed because its removal would be logically consistent with the Mr Patten's policy of distancing himself from Legco. the other hand, if this provision is deleted, it may be difficult to maintain in practice the important proviso in Royal Instruction XXIV. There would appear to be two options; either the Governor remains part of Legco and Royal Instruction XXIV remains intact, or, if this considered appropriate in the light of Mr Patten's policy, Letters Patent VI(1)(a) and the proviso to Royal Instruction XXIV are both removed and the new amendment to Royal Instruction XX1 (4) (giving the Governor the right to address Legco) is amended so as to give the Governor in addition the right to propose any ordinance, vote,
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