TNAG-2322-FCO40-3366-Hong-Kong-Bill-of-Rights-amendment-to-Letters-Patent-1991 — Page 61

CONFIDENTIAL

CONFIDENTIAL

HRC241/3

R2

16 JAN 1991

TRY

IND

FM HONG KONG

TO IMMEDIATE FCO

TELNO 162

¿

STRY

4 Ta

fa

122201

MDHIAN 8767

Boff: Amendment

OF 16100OZ JANUARY 91

INFO PRIORITY UKREP JLG HONG KONG

YOUR TELNO 63:

pw (previous page)

to Letters Patent

Puro/1.

AMENDMENTS TO THE LETTERS PATENT AND ADDITIONAL

INSTRUCTIONS RELATING TO CONSTITUTIONAL MATTER

1. THANK YOU FOR TUR AND THE DRAFTS OF THE AMENDING LETTERS PATENT (LP) AND ADDITIONAL INSTRUCTIONS SENT BY FAX. WE HAVE THE FOLLOWING COMMENTS.

ICCPR (PARA 2 OF TUR)

2. CLAUSES 1(3) AND 2 OF THE AMENDING LETTERS PATENT ARE AGREED.

POWERS OF APPOINTMENT (PARA 3 OF TUR)

3. THE ORIGINAL DIFFICULTY WITH ARTICLE XIV OF THE LP LIES WITH THE LINE OF DEMARCATION BETWEEN DELEGABLE AND NON-DELEGABLE APPOINTMENTS WHICH CAN BE SAFELY AND CORRECTLY DRAWN (SEE PARAS 5 AND 6 OF OUR TELNO 2826 OF 1990). THE NEED FOR THE GOVERNOR TO RETAIN PERSONALLY THE POWER TO APPOINT PUBLIC OFFICERS AT THE HIGHER LEVELS OF THE JUDICIARY AND THE ADMINISTRATION IS WELL RECOGNISED AND AGREED. SUBJECT TO THE FOLLOWING CLARIFICATION AND COMMENTS, WE ARE CONTENT WITH THE SPECIFIC OFFICES LISTED IN THE PROPOSED CLAUSE 3(1)(B):

(A) THE TERM QUOTE THE OFFICE OF JUDGE OF THE SUPREME COURT OR JUDGE OF DISTRICT COURT UNQUOTE IS BASED ON ARTICLE XVIA OF THE LP AND DOES NOT INCLUDE DEPUTY JUDGES OF THOSE COURTS: AND

(B) WE PREFER TO MAKE REFERENCE TO THE OFFICES OF THE CHIEF SECRETARY, ATTORNEY GENERAL AND THE FINANCIAL SECRETARY INSTEAD OF TO EX-OFFICIO MEMBERSHIP OF LEGCO (C.F. ARTICLE VI OF THE LP), PARTLY BECAUSE THIS IS DIRECT AND PARTLY BECAUSE THEIR EX OFFICIO MEMBERSHIP OF LEGCO WILL CEASE IN 1995.

4. HOWEVER, WE FEEL THAT THE PROPOSED AMENDMENTS TO ARTICLE XIV OF THE LP MAY NOT GO FAR ENOUGH TO ADDRESS FULLY OUR CONCERN ON THE WIDER IMPLICATIONS OF THAT ARTICLE. SPECIFICALLY WE ARE CONCERNED WITH :

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