la
Mr Stone
HKD
CONFIDENTIAL
HKB
012 12
15 JAN 199
14
M8
From:
Date:
Paul Fifoot Legal Advisers
3 January 1991
CC Ms J Barrett
HONG KONG: CONSTITUTIONAL ISSUES
1.
I attach drafts of amending Letters Patent and Additional Instructions which include all four points currently outstanding.
Draft Letters Patent
2. The immediate requirement is for a provision requiring Hong Kong to implement the International Covenant on Civil and Political Rights. The agreed formula is set out in Article 2 of the draft: see paragraph 1 of Hong Kong telno 3066 of 22 October 1990. The commencement date in paragraph 1(3) is designed to give effect to paragraph 5 (A) of Hong Kong telno 3066.
3.
Article 3 of the draft is intended to correct the problem regarding the purported delegation of the power of appointment which was identified in Hong Kong telno 2826 of 21 September 1990. In paragraph 6 of that telegram, Hong Kong indicated that they would be considering the exclusion of certain public officers, and in paragraph 8 offered to send us a draft. That draft has not yet emerged, but I have made a suggestion in the present text. The present text also includes the validating provision which we proposed to Hong Kong in our telno 1897 of 12 October.
Draft Additional Instructions
4.
Clause 2 of this draft deals with the issue raised by Hong Kong in their telno 2786 of 14 September. We replied in our telno 1898 of 12 October and Hong Kong, in its turn, responded în their telno 3154 of 30 October. You will see that in paragraph 1 of the new Clause XIX there are two alternatives to the final phrase. The first is my preferred version - see our telno 2108 of 8 November. We could, however, live with Hong Kong's preferred version (Hong Kong telno 3154) which is the second alternative.
7PFAAC
CONFIDENTIAL
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