HKB 012/5
RECERED IN REGISTRY
2 M.
17
From:
Miss S Brooks
REGISTRY
Legal Counsellor
INDLE
PA
Action Taken
Date:
12 March 1993
Mr Whitney
HKD
21
DRAFT ROYAL INSTRUCTIONS 1993
1. I would be grateful if you would be kind enough to provide me with a second copy of the Hong Kong draft so that I can mark up any changes which will be agreed with Hong Kong Government in the light of my proposed amendments set out below. My copy is covered with markings and consequently cannot be sent to the printers. My proposed amendments and comments are as follows.
2. The Heading to Clause I should read "Citation, construction and commencement.
3. Although I can accept the drafting of Hong Kong Government's draft Clause I, paragraph 4, I have a preference for drafting it differently. My redraft is attached. I have included some changes of substance which I believe should be made to this paragraph. These changes of substance are explained in sub-paragraphs a) and b) below.
a) The Hong Kong draft provides that the amendment of Clause XIIA (2) by Clause 2c should come into operation on the appointed day (ie the day, or first day, for holding the 1995 elections). It seems to me that Clause 2c should be brought into operation before the appointed day (gazettal will presumably precede the appointed day) so that its provisions can be reflected in the electoral laws for the 1995 elections.
b) It would seem necessary to bring the amendments of Clause XXI by Clause 5(b) into operation on the appointed day; these paragraphs refer to the ex officio members who will remain members of Legco until the day, or first day, of the holding of the 1995 election. Clause XIX (b) replacing the present XXI (3) which will be revoked by Clause 5(b) should in consequence also be brought into operation by Clause 4 (b) on the appointed day, and likewise the related Clause XXIII should be brought into operation by Clause 6(a) and (b) on the appointed day.
4. As a general point, I have noticed an inconsistency between the Hong Kong drafts of the Letters Patent and the Royal Instructions. The Letters Patent refer to 1995 Legco members with a small "m" and the Royal Instructions refer to them with
/a
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