ef Pal Ent
Mr Saunders 27/5 Grateful for a felegram to Mary Kary explaining on taking Ind discussed detail wit the Governor)
та
Parkett, Her) (241.
нах
SECRET
FROM: P F Rickettsf
02311
77
17 JAN 1992
Hong Kong Department
DATE: 17 January 1992
hand Caittner agrees (marsingt comment
below)
Cappy
cc: Private Secretary Sind
int in
собо нечике
207
Para
Sir J Colés
PS/Lord Caithness
sis
Mr Burns o/r
Miss Brooks,
Legal Advisers
Mr Wye, RAD
13.
is cuss.
+ Sea
Any attempt to muggle
HONG KONG: APPLICATION OF COLONIAL LAWS VALIDITY ACT Legco by new
Problem
1.
Cargèslation is a
non starter before the electro and in all probability
The Governor has asked for our views on what action aftenvands should be taken if members of LegCo should seek to exploit as well.
the above Act in order to change LegCo's constitution against our wishes.
с
Recommendation
2.
I recommend that our first preference should be to rely on the existing (and extensive) powers already available under the Letters Patent (LP). We should discuss further with the Governor his preference for the alternative of an amendment to the Letters Patent. I believe the disadvantages are greater with that approach. submission takes account of the views of our Department's
Legal Adviser.
Background
This
3.
The Colonial Laws Validity Act (CLVA) of 1865 provides that a "representative" legislature shall have power to make laws for its own constitution, powers and procedure provided that such laws are consistent with Acts of Parliament and
REGAAF/1
SECRET