TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 97

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YOUR TELNO 680: AMENDMENTS TO LETTERS PATENT AND ROYAL INSTRUCTIONS

THE JUDGEMENT FOR THE JUDICIAL REVIEW IN CONNECTION WITH THE DELEGATION OF THE GOVERNOR'S POWER TO MAKE APPOINTMENTS OF MAGISTRATES WAS DELIVERED TODAY. IN BRIEF, THE HIGH COURT HELD THAT THE GOVERNOR'S POWER TO APPOINT OFFICERS (INCLUDING MAGISTRATES) UNDER ARTICLE XIV IS DELEGABLE BUT THE ACT OF DELEGATION IN 1974 WAS DEFECTIVE. WE ARE FAXING A COPY OF THE JUDGEMENT TO YOU FOR INFORMATION OF YOUR LEGAL ADVISERS.

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WE ARE DEALING WITH THE IMMEDIATE CONSEQUENCE OF THE JUDGEMENT BY ISSUING WARRANTS SIGNED BY THE GOVERNOR UNDER SECTION 5 OF THE MAGISTRATES' ORDINANCE TO SERVING MAGISTRATES. AT THE SAME TIME WE ARE STUDYING THE DETAILS AND IMPLICATIONS OF THE JUDGEMENT AND WILL LET YOU HAVE OUR DETAILED COMMENTS A.S.A.P. ESPECIALLY IN RELATION TO THE NEED FOR FURTHER AMENDMENTS TO THE CONSTITUTIONAL DOCUMENTS. IN THE MEANTIME, IT WOULD BE HELPFUL IF YOU WOULD LET US KNOW THE OUTCOME OF THE PRIVY COUNCIL MEETING ON 16 APRIL.

WILSON

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