TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 8

Clause 4 seeks to amend Clause XXVIIIA of the Instructions by clearly providing that if an election is held on more than one day, the anniversary should be determined by reference to the first day of that election.

Timetable For Submission To Privy Council

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The principles and texts of the amendments set out in the amending Letters Patent and Royal Instructions have been broadly agreed with the FCO. The timetable for processing the proposed package of amendments is mainly dictated by the legislative timetable for the Bill of Rights and the timing of the delivery of judgement on the judicial review. It is envisaged that the legislative process in respect of the former will be resumed and that the Bill will be passed by the Legislative Council in May 1991. A decision on the judicial review is imminent. Members' advice, and details if necessary, Ministers for approval consideration

In these circumstances, subject to further consultation with the FCO on the we propose to submit the proposals to to issue to the Privy Council for on 16 April 1991. In any event, the bringing into operation of the amendments can be controlled by suitable commencement arrangements such as adjusting the timing of gazettal in Hong Kong.

FINANCIAL AND STAFFING IMPLICATIONS

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The proposed amendments have no financial or staffing

implications.

PUBLIC REACTION

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The Letters Patent amendment entrenching the ICCPR will attract more attention than the other amendments. The possibility of this amendment was made public last year without much comment. However its formal announcement, linked with the Bill of Right's relationship to the Basic Law after 1997, will provoke interest from liberal political groups, including the Hong Kong Journalists Association. Considerable media coverage is therefore likely, including criticism which focuses on the Bill of Rights's lack of supremacy. However, perception that the amendment will help win Chinese acceptance of the Bill of Rights should help to dilute this criticism in the general public's eyes.

PUBLICITY

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No Legislative Council brief will be issued. Subject to approval of the amendments by the Queen in Council, a press release explaining their purpose will be issued when amendments are published in the Gazette.

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