TNAG-2177-FCO40-3114-Hong-Kong-Bill-of-Rights-1990 — Page 137

CONFIDENTIAL

HK0241/1

RECEIV**

5 NOV 1990

lig

Ms Major, HKD

13::

344

TRY

From:

Paul Fifoot

Legal Advisers

Date: 22 October 1990

342

HONG KONG TELNO 3066: BILL OF RIGHTS: AMENDMENTS TO LETTERS PATENT

This is just a holding minute. TUR has possibilities but you should be aware that the particular procedure is likely to have consequences for any reference to the Letters Patent which it may be desired to insert in the Bill of Rights in order to make the connection between the Bill of Rights and the Letters Patent/Article 39 of the Basic Law. The problem is that I do not think it would be possible merely to refer to Article VII (3) of the Letters Patent if the amendment has not come into operation before the Bill is passed by Legco and assented to by the Governor. My initial reaction is that such a reference would have to be expanded, either directly, or in an interpretation section to "Article VII (3) of the Letters Patent as set out in the Hong Kong Letters Patent (No 2) 1990". This may or may not be a problem for Hong Kong and I will think further about it. have, in any event, to await the hoped for "clear draft amendment" referred to in paragraph 3 of our telno 1912.

We

Paul Fifoot

5PFAAM

CONFIDENTIAL

347

Tel out (Fco 2014)

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