TNAG-2217-FCO40-3184-Constitutional-development-in-Hong-Kong-1991 — Page 59

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CODE 18-77|

Ms Barrett

Legal Advisers

CONFIDENTIAL

Reference

APPOINTMENT OF DEPUTY PRESIDENT TO LEGCO

навант 211

1. The Governor has asked (see attached telegram) for the Secretary of State's approval to appoint a Deputy President to LegCo as provided for in the Royal Instructions signed last August. He gives his reasons in para 3 of the telegram for wanting to make the announcement as soon as possible. (There has already been some speculation in the Hong Kong press).

2.

We have submitted to the Secretary of State recommending that he approve the Governor's choice, but we should be grateful for your advice as to how, and when, the

We note that announcement of the appointment should be made. the amended Royal Instructions providing for the appointment of a Deputy President come into operation "upon the appointed day", and that the "appointed day" is defined in the Letters Patent 1(5) as the day on which the first direct elections to LegCo are held (ie 15 September) Does this mean that the

And, if

formal appointment cannot be made before that date? so, would you see any legal problem in the Governor announcing his intention to appoint now, provided that the appointment does not become formally effective before 15 September?

3.

In view of the Governor's wish to make an early announcement I should be grateful for your opinion as soon as possible.

K. Sambles

KAM Saunders (Miss)

Hong Kong Department

WH311

270 3544

6 June 1991

GUYAEL

CC

CONFIDENTIAL

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