TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 183

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 63

OF 111525Z JANUARY 91

CONFIDENTIAL

INFO PRIORITY UKREP JLG HONG KONG

ía My/Stone.

HKB012/2

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107675

MDHOAN 5380

FOR CONSTITUTIONAL AFFAIRS BRANCH

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·9

AMENDMENTS TO THE LETTERS PATENT AND ADDITIONAL INSTRUCTIONS RELATING TO CONSTITUTIONAL MATTERS

1. THERE ARE CURRENTLY FOUR AREAS WHERE AMENDMENTS TO THE LETTERS PATENT AND ADDITIONAL INSTRUCTIONS ARE REQUIRED ON CONSTITUTIONAL ISSUES: PROVISION TO IMPLEMENT THE ICCPR: DELEGATION OF THE POWER TO APPOINTMENT: THE VALIDITY OF PROCEEDINGS AND THE QUORUM IN LEGCO: AND PROVISION FOR ELECTIONS TO BE HELD ON MORE THAN ONE DAY. WE ARE FAXING DRAFTS OF AMENDING LETTERS PATENT AND ADDITIONAL INSTRUCTIONS TO

MICHAEL SUEN.

ICCPR

2. THE IMMEDIATE REQUIREMENT IS FOR A PROVISION REQUIRING YOU TO IMPLEMENT THE ICCPR. THE AGREED FORMULA AS SET OUT IN PARAGRAPH 1 OF YOUR TELNO 3066 OF 22 OCTOBER 1990 HAS BEEN INCORPORATED IN ARTICLE 2 OF THE DRAFT LETTERS PATENT. THE COMMENCEMENT DATE IN PARAGRAPH 1(3) OF THE DRAFT IS DESIGNED TO GIVE EFFECT TO PARAGRAPH 5(A) OF YOUR TELNO 3066.

POWERS OF APPOINTMENT

3. ARTICLE 3 OF THE DRAFT LETTERS PATENT IS INTENDED TO CORRECT THE PROBLEM REGARDING THE PURPORTED DELEGATION OF THE POWER OF APPOINTMENT WHICH WAS IDENTIFIED IN YOUR TELNO 2826 OF 21 SEPTEMBER 1990. IN PARAGRAPH 6 OF THAT TELEGRAM, YOU INDICATED THAT YOU WOULD BE CONSIDERING THE EXCLUSION OF CERTAIN PUBLIC OFFICERS AND WE HAVE MADE A SUGGESTION ON THIS IN THE PRESENT TEXT. THE DRAFT ALSO INCLUDES THE VALIDATING PROVISION WHICH WE PROPOSED TO YOU IN OUR TELNO 1897 OF 12 OCTOBER.

LEGCO PROCEEDINGS AND QUORUM

4. CLAUSE 2 OF THE DRAFT ADDITIONAL INSTRUCTIONS DEALS WITH THE ISSUE RAISED IN YOUR TELNO 2786 OF 14 SEPTEMBER. WE REPLIED IN OUR TELNO 1898 OF 12 OCTOBER AND YOU RESPONDED IN YOUR TELNO

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CONFIDENTIAL