TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 115

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MDLOAN 2114

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TELNO 2061

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INFO ROUTINE PEKING, UKREP JLG HONG KONG

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YOUR TELNOS 3066 AND 3165 AND MY TELNO 2014: BILL OF RIGHTS:

AMENDMENT TO LETTERS PATENT

1. WE AT PRESENT FORESEE NO DIFFICULTY WITH THE PROPOSED AMENDMENT TO THE LETTERS PATENT IN PARA 1 OF FIRST TUR. IT MAY, HOWEVER, BE AFFECTED BY THE WORDING OF ANY AMENDMENT TO THE BILL OF RIGHTS (TO REFER TO THE LETTERS PATENT)

TUR.

2.

THIS IS THE POINT WE WISHED TO MAKE IN THIRD

ON THE PROPOSED AMENDMENT TO THE BILL OF RIGHTS ITSELF, 2ND TUR SUGGESTS THAT YOU AWAIT OUR VIEWS ON THE PROPOSAL IN PARAGRAPH 9 OF YOUR TELNO 3135. WHILE IT IS DIFFICULT TO GIVE A MEANING TO THE WORDS ''SUBJECT TO THE LETTERS PATENT'' (UNLIKE THE BASIC LAW, THE LETTERS PATENT WILL NOT CONTAIN ANY SUBSTANTIVE PROVISION TO WHICH THIS MIGHT REFER), WE RECOGNISE THAT THE IMPORTANT POINT VIS-A-VIS THE CHINESE IS HOW THE AMENDMENT WILL READ AFTER 1997, WHEN THE WORDS LETTERS PATENT'' ARE REPLACED BY ''BASIC LAW''. OUR LEGAL VIEWS ON THAT FORMULA ARE SET OUT IN PARA 4 OF MY TELNO 1867. BUT (AS MY TELNO 126 SUGGESTS), IN VIEW OF THE POLITICAL CONSIDERATIONS, WE ARE CONTENT WITH THE COURSE OF ACTION PROPOSED IN PARA 9 OF YOUR TELNO 3135

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