TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 115

CONFIDENTIAL

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055272

MDHOAN 1180

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 664

OF 051645Z APRIL 91

INFO IMMEDIATE UKREP JLG HONG KONG

26

SISAKY

請品

Mr 29. 1991

Jer.

YOUR TELNO 994: AMENDMENTS TO LETTERS PATENT AND ROYAL INSTRUCTIONS

1. THANK YOU FOR TUR. WITH REGARD TO PARAGRAPH 4 OF TUR, WE WOULD PREFER TO GO FOR YOUR OPTION (B). WE THINK IT SENSIBLE TO AWAIT THE JUDGMENT AND WILL BE PREPARED TO RECONSIDER THE PROPOSAL IN THE LIGHT OF THIS.

2. WE ARE FAXING TO MICHAEL SUEN (SECRETARY FOR CONSTITUTIONAL AFFAIRS) THREE DRAFT INSTRUMENTS WHICH WE INTEND TO PUT TO THE PRIVY COUNCIL ON 16 APRIL. THE THREE INSTRUMENTS ARE:

- AMENDING ROYAL INSTRUCTIONS

-

AMENDING LETTERS PATENT TO DO WITH ICCPR

AMENDING LETTERS PATENT TO AMEND ARTICLE XIV ON THE LINES OF THAT AGREED IN YOUR TELNO 434.

WE WOULD BE GRATEFUL FOR ANY COMMENTS YOU HAVE ON THESE DRAFT INSTRUMENTS DESKBY 08083OZ.

3. WITH REGARD TO THE DRAFT INSTRUMENTS, WE SHOULD BE GRATEFUL FOR YOUR ADVICE ON THE FOLLOWING POINTS:

(A) WE HAVE USED THE SAME COMMENCEMENT PROVISION IN THE LETTERS PATENT FOR AMENDING ARTICLE XIV AS THAT USED FOR THE ICCPR PROVISION. PLEASE CONFIRM THAT YOU ARE CONTENT WITH THIS.

-

(B) BECAUSE THE ICCPR AND ARTICLE XIV AMENDMENTS ARE BEING DONE SEPARATELY ALTHOUGH AT THE SAME PRIVY COUNCIL MEETING WE NEED TO GIVE EACH A SEPARATE TITLE AND TO INDICATE WHICH ONE WILL BE GAZETTED FIRST. YOU WILL NOTE FROM THE DRAFT

INSTRUMENTS THAT WE HAVE ASSUMED THE ICCPR AMENDMENTS WILL BE GAZETTED FIRST. IF THIS IS NOT THE CASE AND YOU IN FACT EXPECT

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