TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 6

forthcoming constitutional and political changes point to the need for the Deputy President to play a more active part in presiding over meetings. This may not be possible in view of the current wording of Clause XXI (1). A suitable amendment to provide for a more flexible arrangement is therefore proposed.

Reference date for the dissolution of Legislative Council

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At present Clause XXVIII A(1) of the Royal Instructions provides that the Legislative Council shall stand dissolved in the fourth year after the latest election for all elected Members of the Legislative Council on such date as the Governor shall fix, being a date not earlier than 60 days and not later than 30 days before the anniversary of that election. As the coming elections will be held on two days (12 September 1991 for the functional constituencies; 15 September for geographical constituencies), that election" contained in the definition in order to determine dissolution.

the phrase "anniversary of Clause will need precise the reference date for the

The Hong Kong Letters Patent 1991

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The amendment to entrench the ICCPR as applied to Hong Kong is set out in clause 2. The amendment, when approved by the Privy Council, will come into operation on the day immediately following its publication in the Gazette (Clause 1(3)).

Our intention

is to synchronise this with the commencement of the Bill of Rights, so that both come into operation at the same time. This would ensure that no legislation inconsistent with the ICCPR would be allowed to stand, since the Bill of Rights would, at the end of the freeze period, strike down any such legislation enacted before its commencement while the amended Letters Patent would strike down any legislation enacted after that time. The Chinese side are aware of our intention to introduce the amendment to the Letters Patent. They have so amendment though they

they have Bill of Right a reference Basic Law after 1997).

far expressed no objection to the suggested what we include in the to the Letters Patent (and to the

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Clause 3(1)(b) seeks

to add three new paragraphs to Article XIV.

The new paragraph (2) enables the Governor to delegate his power of appointment of public officers, with the exception of the most senior positions in the public service and Judges of the Supreme Court and the District Court.

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The new

paragraphs (3) and (4) seek to bring out the independent powers of appointment which may be created through an Ordinance under Article VII and to set out the relationship