Mr Bernan, Legal Adviser
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The Aimiter were
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agrees
us and
Requested.
G.J. Darcy' 11/12
was signed
/MINLYTEA.
PS/Mr Goodlad
From:
20 DEC 1992
Mr F D Berman
Legal Adviser
Date:
9 December 1992
Am
A11/12.
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8
THE DRAFT HONG KONG LETTERS PATENT 1992 AND THE DRAFT HONG KONG ADDITIONAL INSTRUCTIONS 1992
Problem
1.
The approval of a Foreign and Commonwealth Office Minister is required for the attached draft Hong Kong Letters Patent and Additional Instructions to be submitted to the meeting of the Privy Council to be held on 17 December.
Recommendation
2. I recommend that Mr Goodlad approve the two draft instruments. HKD and the Government of Hong Kong agree. Papers have to be with the Privy Council office by 5pm on 11 December. If the Minister agrees, he should sign his name in the place marked at the top right hand margin of each draft.
Background
3. Amendments are required to the Letters Patent and Royal Instructions to the Governor of Hong Kong in order to implement three of the proposals for constitutional change made by the Governor in October this year. These amendments will come into operation, after making, on the day following publication in the Hong Kong Gazette. The changes are:
(a) that the Commander British Forces will cease
to be a Member of the Executive Council; and
(b) that the Governor will cease to be President of the Legislative Council or indeed part of it. This latter change is needed to give effect to the
Governor's policy of distancing himself from Legco.
4. As a consequence of the changes at paragraph (b), provision is made for a President and Deputy President of Legco to be elected from amongst the Members of the Council (excluding the ex-officio members) and, as the Governor will lose his right to address Legco when he ceases to be part of it, to confer on him an express right to address the Council. After 1995 there will be no ex-officio members present in Legco and Members of the
1
/Council