XN000022-1991-05-21 — Page 2

TUESDAY, MAY 21, 1991

AMENDMENTS TO LETTERS PATENT AND ROYAL INSTRUCTIONS

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TWO CONSTITUTIONAL INSTRUMENTS AMENDING THE HONG KONG LETTERS PATENT AND ROYAL INSTRUCTIONS WERE GAZETTED TODAY (TUESDAY).

THE HONG KONG LETTERS PATENT 1991 (NO. 1). WHICH WILL TAKE EFFECT TOMORROW, ADDS A NEW PROVISION TO ARTICLE XIV OF THE LETTERS PATENT TO CONFIRM THAT THE GOVERNOR CAN DELEGATE HIS POWER OF APPOINTING PUBLIC OFFICERS.

EXCEPTIONS ARE MADE ONLY FOR THE OFFICES OF JUDGES OF THE SUPREME COURT AND THE DISTRICT COURT, CHIEF SECRETARY, ATTORNEY GENERAL, AND FINANCIAL SECRETARY, THE POWER TO MAKE APPOINTMENTS TO THESE OFFICES CANNOT BE DELEGATED UNDER THE NEW PROVISION.

ALSO INCLUDED IN THE HONG KONG LETTERS PATENT 1991 (NO. 1) IS A PROVISION TO REMOVE ANY DOUBT AS TO THE VALIDITY OF APPOINTMENTS PREVIOUSLY MADE BY ANY PERSON TO WHOM THE POWER OF APPOINTMENT UNDER ARTICLE XIV HAD BEEN DELEGATED.

THE

A GOVERNMENT SPOKESMAN SAID THE GOVERNMENT HAD ALWAYS HELD VIEW THAT THE GOVERNOR MAY DELEGATE HIS POWER OF APPOINTMENT UNDER ARTICLE XIV.

"IT IS RECOGNISED HOWEVER THAT THERE ARE DIFFERENT LEGAL VIEWS ON THIS POINT AND THAT IT IS IN THE PUBLIC INTEREST TO AVOID DISPUTES ON WHAT MAY BE SEEN AS A FUNDAMENTAL ISSUE BY MAKING EXPLICIT PROVISIONS IN THE LETTERS PATENT.

"THIS HAS NOW BEEN ACCOMPLISHED BY THE HONG KONG LETTERS PATENT 1991 (NO. 1)," HE SAID.

THE HONG KONG ADDITIONAL INSTRUCTIONS 1991, WHICH COME INTO FORCE TODAY, MAKE SEVERAL AMENDMENTS TO THE ROYAL INSTRUCTIONS:

* FIRST, THE EXISTING CLAUSE XIX OF THE ROYAL INSTRUCTIONS, WHICH DEALS WITH THE VALIDITY OF PROCEEDINGS OF THE LEGISLATIVE COUNCIL AND QUORUM

OF THE COUNCIL, HAS BEEN

REPLACED BY TWO MORE DETAILED PROVISIONS.

THE FIRST PROVISION VALIDATES THE PROCEEDINGS OF THE COUNCIL NOTWITHSTANDING ANY VACANCY OR ANY DEFECT IN THE ELECTION, APPOINTMENT OR QUALIFICATION OF ANY MEMBER. SIMILAR PROVISIONS ALREADY EXIST TO VALIDATE THE PROCEEDINGS OF THE URBAN COUNCIL, THE REGIONAL COUNCIL, THE DISTRICT BOARDS.

AND

THE SECOND PROVISION PRESCRIBES THE PROCEDURE ΤΟ FOLLOWED WHEN THE NUMBER OF MEMBERS PRESENT IN A MEETING THE LEGISLATIVE COUNCIL FALLS BELOW THE QUORUM,

BE

OF

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