TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 170

CONFIDENTIAL

HKB 012 12.

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 199

OF 291515Z JANUARY 91

1:8

INFO PRIORITY UKREP JLG HONG KONG

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171047

MDHOAN 6719

Q DIST

Pa

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YOUR TELNO 162: AMENDMENTS TO THE LETTERS PATENT AND ADDITIONAL INSTRUCTIONS RELATING TO CONSTITUTIONAL MATTERS

AS REGARDS FORTHCOMING PRIVY COUNCIL DATES, THE ONLY ONES WE KNOW OF AT PRESENT ARE 20 MARCH AND 16 APRIL.

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WITH REGARD TO YOUR SUGGESTED AMENDMENTS TO THE DRAFT LETTERS PATENT AND ADDITIONAL INSTRUCTIONS, WE ARE FAXING TO MICHAEL SUEN, SECRETARY FOR CONSTITUTIONAL AFFAIRS, REVISED DRAFTS WHICH TAKE ACCOUNT OF YOUR COMMENTS AND THOSE SET OUT BELOW.

DRAFT LETTERS PATENT

SUBJECT TO PARA 10 OF TUR, THERE IS NO CHANGE TO DRAFT ARTICLE 1(3) AND ARTICLE 2.

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Paul's chaf behind fohe 4.

4. AS REGARDS THE POWER OF APPOINTMENT (PARA 3(B) OF TUR), WE HAVE AMENDED THE PROPOSED NEW ARTICLE XIV (2) BY INSERTING EXPRESS REFERENCES TO THE THREE SENIOR OFFICIALS. IT IS UNCLEAR WHETHER PARA 3(A) SEEKS ACTION ON OUR PART: WE HAVE ASSUMED NOT. 5. PARAGRAPHS 4, 5 AND 6 OF TUR. THERE SEEMS TO BE SOME CONFUSION ABOUT THE POSITION WITH REGARD TO STATUTORY APPOINTMENTS (IE APPOINTMENTS UNDER A SPECIFIC POWER IN A HONG KONG ORDINANCE) AND THEIR RELATIONSHIP, OR RATHER LACK OF RELATIONSHIP, TO ARTICLE XIV OF THE LETTERS PATENT. UNDER ARTICLE VII OF THE LETTERS PATENT, THE GOVERNOR, WITH THE ADVICE AND CONSENT OF LEGCO MAY MAKE LAWS FOR THE PEACE, ORDER AND GOOD GOVERNMENT OF HONG KONG. HE MAY THUS MAKE LAWS CONSTITUTING PUBLIC OFFICES, PROVIDING FOR APPOINTMENTS TO THOSE OFFICES AND REGULATING THE VARIOUS CONDITIONS OF SERVICE IN THOSE OFFICES. ANY SUCH ORDINANCE CONSTITUTES A DISTINCT POWER OF APPOINTMENT FROM THAT CONTAINED IN ARTICLE XIV AND IS NOT SUBJECT TO ARTICLE XIV. IF THERE IS A STATUTORY POWER IN RELATION TO PUBLIC OFFICES, THEY ARE REGULATED BY THE ORDINANCE NOT BY THE LETTERS PATENT. THERE IS, THEREFORE, NOTHING THAT NEEDS BE DONE BY WAY OF AMENDMENT TO ARTICLE XIV, OR VALIDATION, IN RELATION TO

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