TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 10

FAX!

ATTORNEY GENERAL'S CHAMBERS LEGAL POLICY DIVISION

4/F., HIGH BLOCK QUEENSWAY GOVERNMENT OFFICES 66 QUEENSWAY, HONG KONG Telex: 81710 HKAGC HX Fax: 852-869 0720

381

*** Our Ref.:

AGC ADV 638/00C XV

麻園感Your Ret.;

HKD241

* Tel. No.:

867 2003

RECEIVE

Mr. Paul Fifoot,

Loyal Advice,

05 DEC 1990

DECK C

INDEX

Foreign and Commonwealth office,

London SWLA ZAN.

Dear

son Täter

M

14/12

3 December 1990

Copies: J1⁄2. Major

7. Barrett.

Jand ti Walia & form

4/12

~

BILL OF kignts

Thank you for writing to me about the contents

of Hong Kong Telno 3514-

374

We share your thinking about what meaning, if any, can be given to the phrase "subject to the Letters Patent" other than that it states the constitutionally obvious. However, in using this formula there is perhaps a suggestion that there exists already some conflict between the BOR and the superior constitutional instrument. A way avoiding this would be to use an alternative formula along the following lines:-

"In the event of any inconsistency between this Ordinance at the Letters Patent, the Letters Patent shall prevail."

This formula is less suggestive of possible conflict but considerable thought would have to be given to the legal and political implications of a phrase like this which referred to the Basic Law. judgment however is that this alternative formula will not wash with the Chinese side.

The political