TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 197

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 1897

OF 121145Z OCTOBER 90

90

CONFIDENTIAL

Mr Stone.

134707 MDHOAN 9133

TOP COPY

HKB 012 16 Q DIST?

ECF ver

TA

17 OCT 1990

YOUR TELNO 2826: ARTICLE XIV OF THE LETTERS PATENT

1.

WE AGREE THAT PROVISION NEEDS TO BE MADE TO REGULATE

APPOINTMENTS UNDER ARTICLE XIV OF THE LETTERS PATENT. WE NOTE THAT YOU HAVE IT IN MIND TO SUGGEST A PROVISION ON THE LINES OF ARTICLE XIII(2) SUBJECT TO EXCEPTIONS. ANY NEW PROVISION SHOULD

ALSO CONTAIN AN APPROPRIATE REFERENCE TO THE MAKING OF

APPOINTMENTS UNDER ANY ORDINANCE.

2.

IT WOULD ALSO BE NECESSARY TO INCLUDE A PROVISION VALIDATING EXISTING APPOINTMENTS WHICH MAY HAVE BEEN MADE IRREGULARLY. YOU MAY WISH TO CONSIDER SOMETHING ON THE FOLLOWING LINES:-

2.

HURD

QUOTE NO APPOINTMENT MADE BEFORE THE COMING INTO FORCE OF THE HONG KONG LETTERS PATENT (NO 2) 1990 BY A PERSON TO WHOM THE POWER OF APPOINTMENT WAS PURPORTEDLY DELEGATED UNDER SECTION 63 OF THE INTERPRETATION AND GENERAL CLAUSES ORDINANCE SHALL BE CALLED IN QUESTION ON THE GROUNDS THAT THE APPOINTMENT WAS NOT MADE IN ACCORDANCE WITH ARTICLE XIV

OF THE PRINCIPAL LETTERS PATENT UNQUOTE.

GRATEFUL FOR YOUR COMMENTS.

YYYY

MAIN

76

.HONG KONG AGREEMENT

. (RESTRICTED)

LIMITED

HKD

DISTRIBUTION

79

PUSD

NEWS D

PS/LORD CAITHNESS

MR MCLAREN

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