TNAG-0226-FCO40-262-Amendments-to-Letters-Patent-and-Royal-Instructions-of-Hong--1971 — Page 51

15/E

1

The Hong Kong Letters Patent, 1970

and Additional Instructions, 1970.

The Governor has proposed a number of minor amendments to the Hong Kong Letters Patent and Royal Instructions. The amendments have no political or constitutional significance and are regarded as entirely acceptable.

Letters Patent

2.

The amendment to Article XIV is for the purposes of simplifying the existing provisions andof introducing the term "public officer" which is used in local legislation.

3. The existing provisions of Article XV empower the Governor to grant a pardon, either free or subject to lawful conditions. But there is no power to remit a sentence subject to such conditions as the Governor may see fit to impose. The proposed amendment will enable both a pardon and a remission of sentence to be granted either free or subject to conditions.

Royal Instructions

4.

Clause III specifies the various circumstances in which provisional appointments may be made to the Executive Council and limits the power accordingly. The proposed amendment to this clause will enable a provisional appointment to be made to fill a vacancy in any circumstances and not merely in those listed under the existing provision. This will bring the position into line with that obtaining in the case of provisional appointments to the Legislative Council.

5.

Ex-officio membership of the Executive Council is defined in Clause II but ex-officio membership of the Legislative Council is nowhere defined although there are references to it elsewhere in the Instructions; and ex-officio membership is not the same for both Councils. The amendment to Clause XIII will accord- ingly define ex-officio membership of the Legislative Council. 6. Clauses XXIX and XXXII are no longer required and it is therefore proposed to revoke them.

Hong Kong Department

October, 1970.