TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 113

CONFIDENTIAL

CONFIDENTIAL

FM HONG KONG

TO DESKBY 080830Z FCO

TELNO 1036

OF 08065OZ APRIL 91

AND TO PRIORITY UKREP JLG HONG KONG

27

TOP COPY Q DIST?

28

057601 MDHIAN 1063

991

YOUR TELEGRAM NO. 664: AMENDMENTS TO LETTERS PATENT AND ROYAL

INSTRUCTIONS.

1. THANK YOU FOR TUR AND THE THREE DRAFT INSTRUMENTS FAXED TO US. WE HAVE NO COMMENT ON THE INSTRUMENT AMENDING THE LETTERS PATENT

(LP) TO ENTRENCH THE ICCPR. COMMENTS ON THE OTHER TWO INSTRUMENTS ARE LISTED BELOW.

INSTRUMENT AMENDING ARTICLE XIV OF THE LP

2. WE ARE PUZZLED BY THE ABSENCE OF ANY RETROSPECTIVE VALIDATING PROVISION. OUR UNDERSTANDING WAS THAT YOU WERE CONTENT WITH THE

FOLLOWING VALIDATING PROVISION:

QUOTE NO APPOINTMENT MADE TO THE PUBLIC SERVICE OF HONG KONG BEFORE THE COMING INTO OPERATION OF THE HONG KONG LETTERS PATENT 1991 BY ANY PERSON TO WHOM A POWER OF APPOINTMENT CONFERRED UNDER ARTICLE XIV OF THE PRINCIPAL LETTERS PATENT WAS PURPORTEDLY DELEGATED UNDER THAT ARTICLE SHALL BE CALLED INTO QUESTION ON THE GROUND THAT THE APPOINTMENT WAS NOT MADE IN ACCORDANCE WITH ARTICLE XIV OF THE PRINCIPAL LETTERS PATENT. UNQUOTE

AND THAT THIS PROVISION WOULD BE PART OF THE PACKAGE TO BE PRESENTED TO THE PRIVY COUNCIL ON 16 APRIL. PARA 3 OF YOUR TELNO 571 AND PARA 8 OF OUR TELNO 994 REFER. THE ABOVE VALIDATING PROVISION WILL BE NEEDED REGARDLESS OF THE OUTCOME OF THE

JUDICIAL REVIEW. GRATEFUL THEREFORE IT IT COULD BE INCORPORATED INTO THE INSTRUMENT AMENDING ARTICLE XIV OF THE LP.

3. A MINOR TEXTUAL COMMENT ON THE NEW PARAGRAPH (2) UNDER ARTICLE 2(B) OF THE INSTRUMENT: WE SUGGEST THAT THE FIRST LETTER OF WORD QUOTE JUDGE UNQUOTE IN THE REFERENCE TO JUDGES OF THE SUPREME COURT SHOULD BE CHANGED TO LOWER CASE TO BE CONSISTENT WITH THE REFERENCE TO JUDGES OF THE DISTRICT COURT IN THE SAME PARAGRAPH AND ALSO WITH ARTICLE XVI A OF THE PRINCIPAL LP.

INSTRUMENT AMENDING THE ROYAL INSTRUCTIONS (RI)

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CONFIDENTIAL