CONFIDENTIAL
007607
MDHIAN 8979
SHALL BE CALLED INTO QUESTION ON THE GROUND THAT THE APPOINTMENT WAS NOT MADE IN ACCORDANCE WITH ARTICLE XIV OF THE PRINCIPLE LETTERS PATENT.
THIS VERSION SHOULD IN OUR VIEW ADEQUATELY ADDRESS REQUIREMENT 5(B).
7. TO DEAL WITH THE REQUIREMENTS AT PARA 5(C) AND (D) ABOVE, WE WOULD PROPOSE A FURTHER PROVISION. AS ARTICLE 3(3) OF THE AMENDING LP, IT CAN READ ALONG THE FOLLOWING LINES:
11 (3)
PARAGRAPH (1) SHALL BE WITHOUT PREJUDICE TO ANY PROVISION IN ANY LAW MADE PURSUANT TO ARTICLE VII, CONFERRING A POWER OF APPOINTMENT ON THE GOVERNOR OR ANY JUDGE OR ANY PUBLIC OFFICER EXCEPT IN SO FAR AS SUCH PROVISION PURPORTS TO CONFER A POWER WHICH THE GOVERNOR MAY NOT DELEGATE UNDER THIS ARTICLE.''
8. THIS VERSION IS CONCISE BUT IT RUNS THE RISK OF HAVING THE
AMENDED ARTICLE XIV EXPRESSLY RESTRICTING ARTICLE VII. TO CURE THIS PROBLEM, A SLIGHTLY LONGER VERSION MAY READ:
''(3) PARAGRAPH (1) SHALL BE WITHOUT PREJUDICE TO ANY PROVISION
IN ANY LAW MADE PURSUANT TO ARTICLE VII CONFERRING ANY POWER OF for the APPOINTMENT ON THE GOVERNOR OR ANY JUDGE OR PUBLIC OFFICER or 3P
>
(4) NOTHING IN PARAGRAPH (3) SHALL BE CONSTRUED AS ENABLING ANY
LAW MADE UNDER ARTICLE VII TO CONFER ON ANY OTHER PERSON A POWER
OF APPOINTMENT WHICH THE GOVERNOR MAY NOT DELEGATE UNDER THIS
ARTICLE."
ON BALANCE, WE PREFER THE LONGER VERSION.
9. GRATEFUL FOR YOUR CONFIRMATION DESKBY 22010OZ THAT THESE PROPOSALS ARE BROADLY IN ORDER. ON THIS BASIS WE WOULD PUT THEM TO EXCO ON 26 MARCH, WITH THE PROVISO THAT THE DETAILED DRAFTING OF THESE AMENDMENTS MAY NEED TO BE REFINED IN FURTHER CONSULTATION WITH YOU. OTHERWISE, THE NEXT AVAILABLE EXCO MEETING WILL BE ON 9 APRIL, WHICH WOULD BE GETTING VERY CLOSE TO THE PRIVY COUNCIL MEETING ON 16 APRIL.
10. REGARDING THE NEED TO HAVE DIFFERENT COMMENCEMENTS DATES RESPECTIVELY FOR THE AMENDMENTS TO ENTRENCH THE ICCPR AND TO PROVIDE FOR THE DELEGATION OF THE GOVERNOR'S POWER OF
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