Mr Stone
HKD
SECRET
From:
Date:
CC:
13
MAR 07/10
Miss S Brooks
Legal Counsellor
23 September 1992
Mr Ricketts, HKD
Mr Morris, HKD
Ms Saunders, HKD
AMENDMENTS TO LETTERS PATENT AND ROYAL INSTRUCTIONS
1.
We spoke earlier about the proposal to remove the Commander British Forces from Exco. I do not know whether the positive response from the Defence Secretary has now been received. Assuming that he agrees with the proposal, when is it proposed thatthe change would be made? There needs to be an amendment to Royal Instructions II in order to remove the reference to "the Officer for the time being in command of Our regular forces within the Colony (herein-after called the Commander British Forces"). Royal Instruction VIII paragraph 3a also needs to be removed with consequential relettering of the other sub-paragraphs; this is the provision that the Commander British Forces shall not be regarded as an ex-officio Member of the Council.
2.
It is
Until these amendments have been made, the Commander British Forces remains a Member of the Executive Council. There is clear provision for the suspension of Appointed Members, but no provision for suspension of one of the "ex-officio" Members. The Governor cannot dismiss him. clear from Royal Instructions II that the Commander is a key Member of the Council. However, Royal Instruction VIIII(i) provides in effect that, there must be a quorum of four members besides the Governor or Member presiding over Exxo. The inference is that the Commander British Forces could be absent from Exco and business could still be transacted. The conclusion I would draw from this is that even if it is intended that the Commander British Forces ceases to attend Exco from the date (7 October) of the Governor's announcement about changes to Exco, business could still be carried forward. There would only be a problem with the making of regulations and instruments increasing fees by the Governor in Council if the rules on making regulations and increasing fees required them to be made by a full Exco. I think we need to check with Hong Kong that there is no problem with the making of such instruments if not all the members are present including, in particular, Commander British Forces. I would not imagine that there is any problem.
/3.
1
SECRET