TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 158

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FM FCO

TO PRIORITY HONG KONG

TELNO 420

OF 01180OZ MARCH 91

INFO PRIORITY UKREP JLG HONG KONG

8

Tur w- Q DIST?

YOUR TELNO 458 : AMENDMENTS TO THE LETTERS PATENT AND ADDITIONAL INSTRUCTIONS RELATING TO CONSTITUTIONAL MATTERS

1.

WE AGREE THAT IT WOULD BE WORTH CLARIFYING RI XXI TO MAKE IT CLEAR THAT THE GOVERNOR MAY CHOOSE TO LET THE DEPUTY PRESIDENT PRESIDE AT A MEETING. BUT WE ARE NOT CLEAR PRECISELY WHAT FOMULATION YOU ARE PROPOSING. WE SUGGEST HOWEVER THAT THE CONCERNS MAY BE MET BY SUBSTITUTING FOR THE PRESENT PARAGRAPH 1 OF CLAUSE XXI OF THE RI, WITH THE FOLLOWING :

'MEETINGS OF LEGCO AT WHICH THE GOVERNOR IS PRESENT SHALL BE PRESIDED OVER BY HIM''

AN ALTERNATIVE WOULD BE TO DELETE PARAGRAPH L ALTOGETHER.

2.

NEITHER OF THESE AMENDMENTS EXPLICITLY CONFER A DISCRETION ON THE GOVERNOR TO CHOOSE WHETHER OR NOT TO PRESIDE AT MEETINGS OF LEGCO BUT THEY WOULD MEAN THAT THE GOVERNOR WOULD ONLY HAVE TO PRESIDE OVER THOSE MEETINGS OF LEGCO WHICH HE ATTENDED.

IF YOU ARE CONTENT WITH THE ABOVE FORMULATION, WE SHALL INCLUDE IT IN THE PRIVY COUNCIL SUBMISSION.

HURD

YYYY

ΜΑΙΝ

61

DISTRIBUTION

63

.HONG KONG AGREEMENT

.(RESTRICTED)

LIMITED

HKD

HD/FED

PUSD

RAD

PS/LORD CAITHNESS

PS/MR LENNOX-BOYD

MR MCLAREN

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