CONFIDENTIAL
040340 MDHIAN 231
4.
A JUDGEMENT ON THE PRESENT CASE WILL NOT BE AVAILABLE BEFORE 16 APRIL. (THE JUDGE HAS INDICATED THAT HE WILL DELIVER HIS JUDGEMENT ON 22 APRIL). THIS LEAVES US WITH THE FOLLOWING 2 OPTIONS:
(A)
(B)
TO SEEK PRIVY COUNCIL APPROVAL ON 16 APRIL OF THE WHOLE PACKAGE OF AMENDMENTS TO THE LP AND RI INCLUDING THE ONES THAT ARE THE SUBJECT OF QUERIES IN YOUR FIRST
TUR:
AND
SAME AS CA) BUT EXCLUDING THE AMENDMENTS QUERIED IN PARA 2 AND 4 OF YOUR FIRST TUR.
5. WE WOULD OF COURSE PREFER OPTION (A) BUT COULD LIVE WITH OPTION (B) ON THE UNDERSTANDING THAT SHOULD AN ADVERSE JUDGEMENT NECESSITATE FURTHER AMENDMENTS TO THE LP, YOU WOULD BE PREPARED TO RECONSIDER THE PROPOSALS QUERIED IN PARAS 2 AND 4 OF YOUR FIRST TUR FOR POSSIBLE SUBMISSION TO THE PRIVY COUNCIL IN MAY. IN THE MEANTIME, THE COURTS MIGHT BE INUNDATED WITH APPLICATIONS FOR JUDICIAL REVIEW ON SIMILAR GROUNDS. TO FORESTALL OR AT LEAST DISCOURAGE THESE, WE WOULD HAVE TO TAKE THE CONTINGENCY MEASURE OF CONFIRMING RETROSPECTIVELY ALL THE APPOINTMENTS THAT HAVE BEEN CALLED INTO QUESTION. FOR THIS PURPOSE, WE HAVE IN HAND DRAFT WARRANTS WHICH COULD BE READIED FOR THE GOVERNOR'S SIGNATURE AT SHORT NOTICE.
IF YOU PREFER OPTION (B), PLEASE LET US KNOW THE EXACT DATE OF THE PRIVY COUNCIL MEETING IN MAY.
6.
7. WE ARE CONTENT WITH THE SUGGESTION IN YOUR SECOND TUR TO HAVE 3 SEPARATE INSTRUMENTS. YOU WILL REALISE THOUGH THAT IF WE FOLLOW OPTION (B) AND ARE THEN FORCED TO REVERT TO THE PRIVY COUNCIL IN MAY, IT WOULD MEAN ONE ADDITIONAL INSTRUMENT, MAKING A TOTAL OF 4 INSTRUMENTS.
TEXTUAL COMMENTS
8 =
THE SUGGESTION IN PARA 3 OF YOUR FIRST TUR IS AGREED.
OUR DRAFTSMAN HAS PROPOSED A MINOR CHANGE TO THE TEXT OF PARAGRAPH 930 UNDER PARA I OF OUR TUR WHICH WOULD NOW READ:
9.
''(3) PARAGRAPH (1) SHALL BE WITHOUT PREJUDICE TO ANY PROVISION IN ANY LAW MADE PURSUANT TO ARTICLE VII
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