TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 199

CONFIDENTIAL

013361 MDHIAN 9048

CIRCUMSTANCES WITH RESULTING UNCERTAINLY.

4. WHILE THE IMPLICATIONS OF THE PRESENT SITUATION ARE BEING EXAMINED BY US, WE NOTE THAT THERE IS NO EQUIVALENT UK STATUTORY ARRANGEMENT WHICH PROTECTS THE PROCEEDINGS OF PARLIAMENT FROM

BEING INVALIDATED BECAUSE OF DISQUALIFIED OF MEMBERS TAKING PART.

WE HAVE LOOKED INTO THE DRAFTING HISTORY OF THE LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) ORDINANCE AND HAVE NOT BEEN ABLE

TO ASCERTAIN WHETHER CONSIDERATION HAD BEEN GIVEN PREVIOUSLY TO

THE INCLUSION OF A SUITABLE CLAUSE IN THE RI COVERING THE

VALIDITY OF ACTS OF THE COUNCIL OUTSIDE THE SCOPE OF SECTION 39,

I.E. ELECTION PETITION CASES.

5. GRATEFUL FOR YOUR VIEWS ON THIS MATTER. IF IT IS DECIDED THAT AN AMENDMENT TO THE ROYAL INSTRUCTIONS IS WARRANTED, WE MAY SUBMIT IT TO THE PRIVY COUNCIL ALONGSIDE THE AMENDMENT TO THE

LETTERS PATENT RELATING TO THE ENTRENCHMENT OF THE ICCPR.

WILSON

YYYY

DISTRIBUTION

60

MAIN

57

.HONG KONG AGREEMENT

.(RESTRICTED)

LIMITED

HKD

HD/FED

RAD

PUSD

NEWS D

PS/LORD CAITHNESS

MR MCLAREN

MR BURNS

ADDITIONAL

3

MR WATERWORTH LEGAL ADVISERS

MS BARRETT LEGAL ADVISERS

MR FIFOOT LEGAL ADVISERS

NNNN

PAGE

2

CONFIDENTIAL