TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 168

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Sounders

Saunchers.

CONFIDENTIAL

Ratiz

CONFIDENTIAL

FM HONG KONG

TO PRIORITY F C O

TELNO 434

OF 08040OZ FEBRUARY 91

INFO PRIORITY UKREP JLG HONG KONG

023600

MDLIAN 7080

YOUR TELNO 199: AMENDMENTS TO LETTERS PATENT AND ADDITIONAL INSTRUCTIONS RELATING TO CONSTITUTIONAL MATTERS

OUR COMMENTS ON THE REVISED DRAFT RECEIVED WITH TUR ARE

GIVEN BELOW:

LETTERS PATENT (LP)

QUEEN'S RECITAL: WE BELIEVE THAT THE FIRST LETTER OF THE WORD ''DEFENDER SHOULD BE CAPITALISED.

2.

3

DRAFT ARTICLE 1(3): IN RELATION TO OUR TELNO 3066 OF 22 OCTOBER 1990, GRATEFUL FOR YOUR CONFIRMATION THAT DRAFT ARTICLE 1(3) MEANS THE AMENDMENT WILL COME INTO OPERATION AT THE BEGINNING/BEGINNING OF THE DAY IMMEDIATELY FOLLOWING THE DATE OF

PUBLICATION.

DRAFT ARTICLE 2: MARGINAL NOTES SHOULD REFER TO ARTICLE VII AND NOT ARTICLE VI.

4.

5.

DRAFT ARTICLE 3: AS YOU MIGHT HAVE INFERRED, WE DID HAVE DOUBTS ABOUT WHETHER THE POWER TO MAKE LAWS UNDER ARTICLE VII OF THE PRINCIPAL LP WAS NOT, INSOFAR AS SUCH LAWS PROVIDED FOR THE 'APPOINTMENT OF PUBLIC OFFICERS, SUBJECT TO ARTICLE XIV. YOUR

CLARIFICATION IN PARA 5 OF TUR WAS MOST HELPFUL AND ON THAT BASIS WE ARE CONTENT WITH DRAFT ARTICLE 3(1)(A) AND (B). WE WOULD ALSO AGREE WITH THE LAST TWO SENTENCES OF PARA. 5 OF TUR THAT DELEGATION OF A STATUTORY POWER OF APPOINTMENT UNDER SECTION 63 OF THE INTERPRETATION AND GENERAL CLAUSES ORDINANCE REQUIRES NO VALIDATION, AND THAT THE VALIDATING PROVISION SHOULD FOCUS ON APPOINTMENTS MADE BY PERSONS WHO WERE PURPORTEDLY DELEGATED TO EXERCISE THE GOVERNOR'S POWERS UNDER ARTICLE XIV. IN VIEW OF THIS, WOULD IT NOT BE BETTER FOR DRAFT ARTICLE 3(2) TO COVER ALL PURPORTED DELEGATION UNDER ARTICLE XIV (AND NOT PURPORTED DELEGATION UNDER SECTION 63 OF THE INTERPRETATION AND GENERAL CLAUSES ORDINANCE)? GRATEFUL FOR YOUR VIEWS ON THIS POINT.

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