TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 14

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Amendments to Letters Patent and Royal Instructions

I have just briefed you on amendments agreed by Exco to the draft Bill of Rights which has been discussed between us. One of these as I have said has been reflected in an amendment to the Letters Patent which the Privy Council has now approved.

I would also like to brief you on some other amendments approved at

both to the Letters Patent and to the Royal These do not by their nature have effect beyond briefing is therefore for your convenience and

the same time, Institutions. 1997, and this information.

(i)

(ii)

To the Letters Patent:

(a)

(b)

to provide clearly for delegation by the Governor of his power under Article XIV to appoint public officers with the exceptions of Judges of the Supreme Court or of the District Court, the Chief Secretary, the Attorney General or the Financial Secretary;

to validate prior appointments made by any person to whom the power of appointment had purportedly been delegated under Article XIV.

The reason for these amendments was that some doubt existed as to whether the Governor could legally delegate his powers of appointment. The Chinese side may be aware of recent legal challenges. These amendments put the situation beyond doubt.

To the Royal Instructions:

(a)

to validate proceedings of the Legislative Council notwithstanding any defect in the election, appointment or qualification of any Member;

This brings the situation in line with laws covering the Urban Council, Regional Council and District Boards. Our concern has been that since matters in the Legislative Council are decided by a majority, there is always the chance that a law might be called into question if the vote of a disqualified member were decisive. The amendment avoids that possibility.

(b) to prescribe the procedure to be followed when

the Legislative Council is inquorate;

This clarifies procedures to be followed to determine a quorum and to adjourn in case the Council is inquorate.

(c)

to enable the Deputy President of the

Legislative Council to have a more active role in presiding over the Council's meeting;