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CONFIDENTIAL
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1093 1
DD 01010OZ HONG KONG
GRS 494
CONFIDENTIAL
DESKBY 010100Z
FM FCO 28174OZ FEB 85
TO IMMEDIATE HONG KONG
TELEGRAM NUMBER 338 OF 28 FEBRUARY
OUR TELNO 327 : AMENDMENTS TO LETTERS PATENT AND ROYAL
INSTRUCTIONS
1. FIFOOT DISCUSSED THE NEW CLAUSES FOR ROYAL INSTRUCTIONS WITH
O'GRADY THIS MORNING BY TELEPHONE. WE CONSIDER THE DRAFT CLAUSES
DICTATED BY O'GRADY AS DEFICIENT IN A NUMBER OF RESPECTS, AND
ALSO AS COVERING DETAILS WHICH ARE NOT APPROPRIATE TO THE ROYAL
INSTRUCTIONS. WE DO HOWEVER TAKE THE POINT THAT YOU WISH TO
EMPHASISE THAT THE THREE-YEAR CYCLE OF ELECTIONS WILL BE THE
NORM, AND THAT ANY EXTRAORDINARY DISSOLUTION WILL BE EXCEPTIONAL.
2. WITH THIS IN MIND, FIFOOT HAS REDRAFTED SOME OF THE CLAUSES
OF THE ROYAL INSTRUCTIONS. TEXTS ARE IN MIFT. FOLLOWING IS
FIFOOT'S EXPLANATORY NOTE.
BEGINS.
WHAT I HAVE DONE IS TO DISTRIBUTE THE NEW CLAUSES XXIA AND XXIB
RATHER MORE WIDELY AMONGST THE PRESENT ROYAL INSTRUCTIONS,
PUTTING THE PROVISION FOR ELECTIONS UP FRONT IN A NEW CLAUSE
XIIA, LEAVING THE PROVISIONS FOR SESSIONS IN A CLAUSE XXIA AND
PUTTING THE PROVISIONS FOR DISSOLUTION IN A NEW CLAUSE XXVIIIA.
CLAUSE XIIA DEALS WITH A 'GENERAL ELECTION' AND CASUAL VACANCIES.
NO POINT ARISES ON THE LATTER. I HAVE PROVIDED FOR A GENERAL
ELECTION IN 1985. THERE IS NO NEED TO PROVIDE A DATE FOR THIS IN
THE ROYAL INSTRUCTIONS. FOR THE FUTURE I HAVE SET OUT
ALTERNATIVES. ALTERNATIVE ONE IS THE MORE USUAL PROVISION: IT IS
SIMPLER AND OBVIATES HAVING TO DEAL WITH THE CONSEQUENCES OF A
PREMATURE DISSOLUTION OF THE LEGISLATIVE COUNCIL. ALTERNATIVE
TWO WOULD PROVIDE FOR THE 'NORM' OF TRIENNIAL ELECTIONS THE
REFERENCE TO NINETY DAYS IS TO ENSURE THAT THE ELECTROAL DATE
DOES NOT CREEP FORWARD EACH YEAR. THIS PROVISION HOWEVER WOULD
HAVE TO BE SUBJECT TO A QUALIFICATION WERE THERE TO BE A
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