TNAG-2014-FCO40-2865B-Constitutional-development-in-Hong-Kong-1991-1990 — Page 132

Mr Paul

CONFIDENTIAL

AMENDMENT TO THE LETTERS PATENT

56

File!

HKB 01216

RECEIVED IN REGISTRY

25 JUN 1990

ESK OFFICER

INDEX

BA

FROM: M V stone

Hong Kong Department

DATE: 15 June 1990

cc: Ms Major

A

B

1. Mr Fifoot's comments on Hong Kong's proposed amendments to the Letters Patent have now arrived (copy attached) and I

had hoped to be able to incorporate his comments in the

attached telegram to Hong Kong.

think this is possible.

Unfortunately I do not

2. Mr Fifoot raises two areas of comments: on the

amendments proposed by Hong Kong; and harping back to his

usual theme for reserve powers for the Governor and the

disappliance of section 5 of the Colonial Laws Validity Act.

3.

Dealing first with his comments on amendments to the

Letters Patent (copy of relevant sections attached), I have no problem with his para 2. However I am puzzled by his para 3 because the existing Letters Patent article VII (2)

already contains what appears to be a very similar phrase to

that proposed by Mr Fifoot which already takes account of his points. As regards the Additional Instructions (which

apply to the Royal Instructions) I disagree with Mr Fifoot's

para 9 in that I believe it is necessary to have the power

for the Deputy President to be "disallowed". Such

ROFAKY

CONFIDENTIAL