CONFIDENTIAL
A
Prerogative.) There is, therefore, nothing that need be done by way of amendment to Article XIV, or validation, in relation to appointments by any person under a power conferred by an ordinance; similarly, nothing needs to be done about any delegate of a person, including the Governor, empowered to make an appointment to an office established by an ordinance if there is a statutory power (such as section 63 of CAP 1) to delegate that power of appointment. The validating provision (Article 2(2) of the Amending Letters Patent) does not need to go beyond appointments made by persons who were purportedly delegated to exercise the Governor's powers under Article XIV.
Royal Instructions
5.
As regards the validity of proceedings (Clause XIX(1)) all that needs to be done to accommodate paragraph 7 of TUR is to delete the first alternative (see paragraph 4 of my minute of 3 January) and to insert the words "any such vacancy or". The suggestions made of adding the words "subject to subclause (2)" is not necessary and the words "not filled" are tautologous. Further, there is no need for paragraph (c), which would, in fact, look rather silly.
I have made some minor amendments to accommodate other elements in paragraph 7 of TUR. See attachment.
6.
18 January 1991
7 PFAAW
CONFIDENTIAL
Paul Fifoot
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