TNAG-0291-FCO40-327-Constitutional-development-of-Hong-Kong-1971 — Page 48

Mr Shaw

3

RECEIVED IN REGISTRY No.51

1971

HKCK1/11

CONSTITUTIONAL ADVICE

1. I undertook to let you have a note about our requirements for advice on constitutional matters.

2. During 1970 the Pacific and Indian Ocean Department in which I was then serving introduced seven Orders in Council amending the constitutions of five different territories. There were also amendments to Letters Patent and Royal Instructions.

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3. In the four months since I joined this department we have encountered the following:-

(i)

Proposals to amend the Constitution of the British Virgin Islands, discussions in London and amendment of the Order in Council.

(ii) Proposals to amend the Constitution of the

Turks and Caicos Islands, which are now being considered here.

(iii) Appointment of a Constitutional Commissioner

for the Cayman Islands, who will be in London for discussions this month prior to further discussions on the spot and eventually, no doubt, government-to-government negotiation followed perhaps by an Order in Council.

(iv). Representations from Bermuda and British Honduras

for constitutional amendments by Letters Patent. A Constitutional Conference is likely to be necessary during the next twelve months.

(v)

Proposals from the Governor and the new Chief Minister of Montserrat for minor amendments to the Constitution.

(vi) A Constitutional Conference for the Bahamas is

likely to be necessary within the next twelve months.

(vii) The Bermuda Government has set up a Constitutional

Committee to consider proposals for amending the Constitution. Discussions of their recommen- dations and of other possible amendments to the Constitution (some of which are demanded by the Opposition in Bermuda) are likely to be necessary during 1971.

4.

The foregoing are simply the instances with which I personally have been concerned. There are doubtless many others in other departments. But it is sufficient to show the need for a centre within your department to which we can refer for high level and expert advice

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