TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 7

between Article

VII and

Article XIV (see paragraph 8 above).

The opportunity is taken to make sure that the power of appointment of senior positions in the public service and Judges, which is personal to the Governor, would not be circumvented by any law made under Article VII.

20

Clause 3(2) seeks to validate appointments previously made by a public officer under a purported delegation by the Governor under Article XIV; by a public officer as provided for in an Ordinance; and where the Governor has the original authority of appointment under an Ordinance, by a public officer under delegated authority under section 63 of the Interpretation and General Clauses Ordinance (see paragraph 8

above).

21

The amendments in Clause 3 of the amending Letters Patent dealing with the delegation of the Governor's power of appointment have been broadly agreed with the FCO, but the detailed drafting may still need to be further refined. There may also be a need to have different commencement dates for the amendments to entrench the ICCPR and to provide for the delegation of the Governor's power of appointment respectively. We would wish to guard against the possibility of an adverse judgement from the current judicial review. If an adverse judgement is given in advance of the enactment of the Bill of Rights, then we would need to bring into operation the Letters Patent amendments dealing with the delegation of the Governor's power of appointment quickly, but without bringing into operation the Letters Patent amendments entrenching the ICCPR. These technical points will be further discussed with the FCO.

The Hong Kong Additional Instructions 1991

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Member.

Clause 2 seeks to validate the proceedings of the Legislative Council So that the Council is not disqualified from the transaction of business by reason of vacancy or by any defect in the election, appointment or qualification of any The opportunity is taken to improve the existing provision governing the determination of a quorum and the adjournment of a meeting on grounds of a quorum not being present. This will bring it into line with the equivalent provision in Standing Orders, which provides for clearer procedures.

23

Instructions

Clause 3 seeks to amend Clause XXI (1) of the principal So that the Governor will be required to preside a meeting of the Legislative Council only when he is present at such a meeting.

at

CONFIDENTIAL