нив olls
113 JUL 1993
1 NOV 1993
From:
FD Berman, Legal Adviser
Minister
Date:
13 July 1993
PS/Mr Goodlad
मिल
1.
A
THE DRAFT HONG KONG LETTERS PATENT 1993 (No. 2)
Problem
B
1. The approval of a Foreign and Commonwealth Minister is required for the attached draft Hong Kong Letters Patent to be submitted to the meeting of the Privy Council to be held on 20 July.
Recommendation
2. I recommend that Mr Goodlad approve the draft instrument. HKD and the Government of Hong Kong agree. Papers have to be with the Privy Council Office by 5.00pm on 14 July. If the Minister agrees, he should sign his name in the place marked at the top right hand margin of each draft.
Background
3.
At present certain judicial officers (listed in the draft Letters Patent) are subject to dismissal and suspension or other disciplinary action under Letters Patent XVI. In order to underline the independence of these judicial officers, with a particular view to 1 July 1997 when the exercise of sovereignty over Hong Kong is resumed by the People's Republic of China, it is proposed to make separate provision for their discipline and removal under local legislation. A Hong Kong bill has been prepared for this purpose, the Judicial Officers (Tenure of Office) Bill. It is provided in Letters Patent XIV (1) that public officers hold their offices during the Crown's pleasure, unless otherwise provided by law.
4.
If made,
The Bill so provides. Consequential amendment is thus required to the principal Letters Patent Article XVI to disapply its provisions on discipline and dismissal. the Letters Patent and the Bill would be brought into effect on the same day. The draft Letters Patent would come into operation upon publication in the Hong Kong Gazette.
5. The draft instrument has been prepared in consultation with the Hong Kong Government which is content with it.
Parliamentary Procedure
The draft instrument is not subject to any Parliamentary procedure.
6.
F, Berman