TNAG-2014-FCO40-2865B-Constitutional-development-in-Hong-Kong-1991-1990 — Page 122

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Mr Stone, HKD

CONFIDENTIAL

Hic B

01216

RECEIVED IN

Y

06 JUL 1990

INDLA

Ра

From:

Paul Fifoot

Legal Advisers

Date:

26 June 1990

58

OUR TELNO 1179: AMENDMENTS TO THE LETTERS PATENT

1.

Paragraph 6 of the telegram does not exactly reflect paragraph 9 of my minute of 14 June. What I was saying in the latter paragraph was that we should not make provision whereby the Governor appointed a Deputy President of the Legislative Council subject to that appointment being "disallowed" by the Secretary of State. If the Secretary of State was to have a function, it should be exercised beforehand and I cited Article VI (2) as an example of the way in which such a function would be exercised. That is not to say that provision for prior approval of a Deputy President is covered in Article VI (2) as indicated in the last sentence of paragraph 6 of TUR.

2. I think we should send a correction to TUR, substituting for the final sentence of paragraph 6 the following:-

"Such a role would surely best be exercised before appointment; something on the lines of Article VI (2) could be adapted for this purpose."

&

2PFABH

CONFIDENTIAL

Paul Fifoot

62

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