TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 103

5. The timing and sequence of the enactment is important.

We intend that:

(i) the Letters Patent amendment relating to the ICCPR

will be made now, but come into operation only when gazetted

in Hong Kong;

(ii) the Bill of Rights will then be enacted; and

(iii) the amendment will be gazetted at the same time that the Bill of Rights comes into operation.

(The

This is to ensure that: the Bill of Rights can refer to the

amended Letters Patent as its authority; but that the Bill

itself cannot be challenged under the Letters Patent.

Bill provides for a freeze period of one year after its enactment during which specified laws, even if inconsistent

with the Bill, cannot be struck down. Although the freeze

period is intended for remedying as necessary inconsistent

laws, the provision in itself could be seen to violate the

second sentence of the Letters Patent amendment.

Governor need not preside over LegCo meetings

6. After the 1991 elections to LegCo, the Governor will appoint a Deputy President of LegCo from amongst the appointed members. This is a transitional measure paving the way for a President elected from amongst the members in 1995. The intention is that the Governor will initially

still preside at meetings of LegCo whenever he is able to.

But as 1995 approaches, it could be opportune to relieve the

Governor of the more routine meetings and accustom the Council and public to meetings of LegCo not being presided

over by the Governor.

BATAKN/3

Droso

N J Cox

CONFIDENTIAL