TNAG-1289-FCO40-1641-Terminology-for-the-description-of-Hong-Kong-by-internationa-1984 — Page 48

Mr Hoare

R/22412

Hong Kong Department

CONFIDENTIAL

SKI

431

From: Paul Fifoot

Date: 21 December 1984

HICK Oll

RECENES

3

RY

31 DEC 1234

within the terms of

the L Colonial hamp Validity

Act

Tempus

1. I attach copies of a redraft of the Letters Patent and additional instructions. My general approach has been to avoid repetition and accordingly I have so drafted as to get away from repeating the basic provision for the Legislative Council in both Letters Patent and royal instructions - it now appears only in the Letters Patent; I would also propose that all the provisions relating to elected members should be set out in a local ordinance and tied into the constitutional instruments only by the new Article VI (3) and the new

Article VII (2). The later provision is necessary since theth Hony Kare legislature is not a representative legislature/and requires power to make provision for the legislature of a Colony.

2.

On matters of detail:-

The Letters Patent

Article 1 (3). Both with regard to the Letters Patent and with regard to the royal instructions, I think that it would be too late to defer the operation to 1 November. In so far as provision has to be made enabling the Legislative Council to enact the elections ordinance, the Letters Patent needs to be made before that ordinance is presented for assent (and if the proprieties are to be observed, before it is introduced). Further, various things will have to be done before the legislature with its proposed new composition meets. I would therefore propose that the basic commencement date is the day after the conclusion of the current session of the legislature and this should be advanced only in respect of that provision which confers power to enact the electoral law. It is for consideration whether it should also be advanced in respect of Clause 10 of the additional instructions.

Articles 2 and 3: these are self-explanatory.

The Additional Instructions

Clause 2. If we do not repeat the basic legislative provision, we could confine this clause to suspension. It then fits in conveniently in front of the clause relating to provisional appointments.

Clause 4. I have combined the Hong Kong draft with the

1

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CONFIDENTIAL

Legislatio

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