TNAG-1714-FCO40-2393-Hong-Kong-amendments-to-Letters-Patent-and-Royal-Instruction-1988 — Page 94

CONFIDENTIAL

FM HONG KONG

TO PRIORITY FCO

TELNO 0478

CONFIDENTIAL

нка 3131

VEL

FEB 1988

TOP COPY

033223

MDLIAN 7177

OF 03100OZ FEBRUARY 88

{

8-10

MY TELNOS 471-3 AND YOUR TELNO 300: AMENDMENTS TO THE LETTERS PATENT

AND ROYAL INSTRUCTIONS.

·

AT ITS MEETING ON 2 FEBRUARY, EXCO CONSIDERED OUR PROPOSALS FOR AMENDMENT TO THE ROYAL INSTRUCTIONS AND LETTERS PATENT AND,

IN

GENERAL, WAS CONTENT WITH THEM. HOWEVER THE COUNCIL NOTED THAT THE PROPOSAL FOR TIDYING UP ROYAL INSTRUCTIONS II, VIII AND XXI (2) CARRIED FORWARD AN ANOMALY IN THE EXISTING INSTRUCTIONS WHEREBY, UNLESS THE GOVERNOR HAS APPOINTED SOMEONE TO PRESIDE THE ATTORNEY GENERAL TAKES PRECEDENCE OVER THE FINANCIAL SECRETARY FOR THE PUPOSES OF PRESIDING IN THE EXECUTIVE AND LEGISLATIVE COUNCILS IN THE ABSENCE OF BOTH THE GOVERNOR AND THE CHIEF SECRETARY. SINCE THESE INSTRUCTIONS WERE FIRST ADOPTED, THERE HAVE BEEN CHANGES IN THE RELATIVE RANKINGS OF THE FINANCIAL SECRETARY AND THE ATTORNEY GENERAL WHICH MAKE IT LIKELY THAT THE GOVERNOR WOULD WISH TO APPOINT THE FINANCIAL SECRETARY TO DEPUTIZE FOR HIM IN THE ABSENCE ALSO OF THE CHIEF SECRETARY. HOWEVER, THE CHANCE OF THE GOVERNOR NOT BEING ABLE TO SPECIFY SUCH AN ARRANGEMENT IN ADVANCE WOULD APPEAR TO BE VERY REMOTE. THUS RATHER THAN PROVOKING A STERILE DEBATE ABOUT THE RELATIVE STANDING OF FS AND AG BY DRAWING ATTENTION TO OR SEEKING TO CORRECT THE ANOMALY, THE COUNCIL SUGGESTED THAT THE EXISTING FORM OF WORDS, ALTHOUGH NOT IDEAL, SHOULD BE PRESERVED.

2. THE COUNCIL ALSO SUGGESTED THAT, GIVEN THE RECENT CRITICISM OF THE MANNER IN WHICH AMENDMENTS TO THE LETTERS PATENT AND ROYAL INSTRUCTIONS HAVE BEEN MADE, THE LEGISLATIVE COUNCIL SHOULD BE GIVEN THE OPPORTUNITY TO COMMENT ON THE PROPOSALS FOR INTRODUCING GREATER FLEXIBILITY IN THE CHOICE OF A DISSOLUTION DATE AND FOR THE LAPSE OF BILLS ON DISSOLUTION. WE THEREFORE PROPOSE THAT THE CHIEF SECRETRY SHOULD MAKE A STATEMENT IN THE LEGISLATIVE COUNCIL

ON 9 MARCH DESCRIBING THESE PROPOSALS. THIS WOULD ENABLE MEMBERS OF LEGCO TO COMMENT ON THE PROPOSALS, IF THEY WISH, WHEN THEY DEBATE THE WHITE PAPER ON 16/17 MARCH. WE EXPECT THE PROPOSALS TO BE SUPPORTED AND SO THERE SHOULD BE NO PRACTICAL DIFFICULTY IN MEETING THE DEADLINE FOR SUBMISSION TO THE PRIVY COUNCIL.

3.

WE HAVE JUST RECEIVED YOUR TUR. THE DECISION NOT TO PROCEED WITH

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