XN000022-1994-03-22 — Page 2

TUESDAY, MARCH 22, 1994

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NO SECRET IN AMENDING LETTERS PATENT

THE GOVERNOR, THE RT HON CHRISTOPHER PATTEN, SAID NOTHING HAD BEEN DONE SECRETIVELY IN THE AMENDMENTS TO THE LETTERS PATent.

SPEAKING TO REPORTERS AFTER THE EXECUTIVE COUNCIL MEETING TODAY (TUESDAY), THE GOVERNOR SAID: "THE POLICY WAS ANNOUNCED AND WB THEN TOOK THE MEASURES TO IMPLEMENT IT."

"EVERYBODY'S KNOWN SINCE THE AUTUMN OF 1992 THAT IT'S BEEN THE GOVERNMENT'S POLICY TO HAVE, PROVIDED WE CAN GET THE NECESSARY LEGISLATION TO THE LEGISLATIVE COUNCIL, TO HAVE A LEGISLATIVE COUNCIL IN 1995 WHICH HAS 20 DIRECTLY ELECTED MEMBERS, 30 ELECTED BY FUNCTIONAL CONSTITUENCIES AND 10 BY ELECTION COMMITTEE.

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"SO, NO SECRET HAS BEEN INVOLVED AT ALL,' HE ADDED.

MR PATTEN MADE IT CLEAR THAT THE GOVERNMENT HAD BEHAVED OVER THE AMENDMENTS TO THE ROYAL INSTRUCTIONS AND LETTERS PATENT OVER THE PROPOSED LEGISLATION IN VIRTUALLY EXACTLY THE SAME WAY THAT IT HAD BEHAVED OVER PREVIOUS CHANGES TO THE CONSTITUTIONAL ARRANGEMENTS.

H *WE ANNOUNCED THE POLICY AND THEN WE TOOK THE ADMINISTRATIVE MEASURES THAT WERE NEEDED IN ORDER TO IMPLEMENT IT, CONDITIONAL UPON OTHER THINGS BEING DONE, HE SAID.

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AS TO QUESTIONS ON WHY THE AMENDMENTS HAD BEEN MADE SO EARLY, PATTEN SAID THE GOVERNMENT SET OUT ON THIS COURSE OF ACTION WHEN EXECUTIVE COUNCIL AGREED TO IT ON FEBRUARY 2 LAST YEAR AND THEN WENT TO LONDON AND TO THE PRIVY COUNCIL IN APRIL.

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"WE DID IT THAT EARLY FOR TWO REASONS.

"FIRST OF ALL, BECAUSE OUR LEGAL ADVICE AT THAT STAGE WAS BEFORE WE INTRODUCED A BILL FOR THE LEGISLATIVE COUNCIL, WE HAD ΤΟ HAVE CHANGED THE ROYAL INSTRUCTIONS AND LETTERS PATENT, OTHERWISE THE SUGGESTION WAS IT MIGHT BE ULTRA VIRES.

"So WE TOOK THAT ACTION AT A TIME YOU WILL RECALL WHEN WE WEREN'T ALAS HAVING TALKS WITH CHINESE SIDE AND WHEN WE HAD SET OURSELVES THE TARGET OF TRYING TO GET OUR LEGISLATION THROUGH BY JULY 1993.

"SUBSEQUENTLY, AFTER DISCUSSIONS WITH THE LEGAL ADVISER TO THE LEGISLATIVE COUNCIL, WE'VE REACHED THE CONCLUSION THAT WE DON'T ACTUALLY NEED A CHANGE TO THE ROYAL INSTRUCTIONS AND LETTERS PATENT UNTIL WE'VE ACTUALLY GOT LEGISLATION THROUGH.

"BUT BEFORE I ACTUALLY SIGN THE BILL, WE WOULD NEED TO HAVE THE GAZETTING WHICH IS THE PUBLICATION, THE PUBLIC ACT, THE GAZETTING OF A CHANGE TO THE ROYAL INSTRUCTIONS AND LETTER'S PATENT, SO THAT THE BILL COULD THEN BE BROUGHT INTO LINE WITH OUR CONSTITUTIONAL ARRANGEMENTS AND VICE VERSA.

ASKED ABOUT WHAT WOULD HAPPEN IF LEGISLATIVE COUNCIL WAS ΤΟ PASS A BILL NOT IN LINE WITH THE ROYAL INSTRUCTIONS AND LETTERS PATENT OR ANY AMENDMENT TO THE ROYAL INSTRUCTIONS AND LETTERS PATENT, THE GOVERNOR SAID: "WE WOULD HAVE TO THINK VERY HARD ABOUT THE CONSEQUENCES AND DISCUSS THEM HERE IN HONG KONG AND DISCUSS THEM LONDON."

WITH

/ON HIS