SECRET
Har oldz
Pa
100070 MDHOAN 1726
PERSONAL FOR GOVERNOR FROM HUM, AUSS
IFE OVERN
142
YOUR TELNO 2425: EXCO APPOINTMENTS
1.
WE ARE OVERNIGHT SEEKING THE SECRETARY OF STATE'S APPROVAL FOR THE APPOINTMENT OF THE INDIVIDUALS LISTED IN TUR.
2. WE SHALL LET THE SECRETARY OF STATE KNOW THAT YOU INTEND NOT TO INCLUDE A TERMINAL DATE IN THE INSTRUMENT OF APPOINTMENT. YOU MAY WISH TO NOTE THAT OUR DEPARTMENTAL LEGAL ADVISER CONSIDERS THAT IF YOU DO NOT STATE A TERMINAL DATE, THE APPOINTMENTS WILL RUN FROM 7 OCTOBER FOR FIVE YEARS- IN PRACTICE UNTIL 30 JUNE 1997. YOU COULD THEN HAVE DIFFICULTY REMOVING
SOMEONE EARLY IF THEY REFUSE TO RESIGN. IF YOU WERE TO RESORT TO THE SLEDGE-HAMMER OF LETTERS PATENT (LP)V, THERE WOULD NEED TO BE ''SUFFICIENT CAUSE'' TO INVOKE ITS PROCEDURE. YOU MAY THEREFORE WISH TO CONSIDER WHETHER THERE MIGHT BE ADVANTAGE IN SPECIFYING A PERIOD IN THE INSTRUMENT- ALTHOUGH WE RECOGNISE THAT IF SOMEONE QUICKLY PROVES HOPELESS, AND REFUSES TO RESIGN, YOU WILL STILL FACE THIS PROBLEM.
3.
WITH REGARD TO MR WIGGHAM, WE HAVE ASSUMED FOR THE PURPOSES OF THE SUBMISSION THAT YOU WILL HAVE PROCURED HIS RESIGNATION IE ALTHOUGH HE IS AN OFFICIAL MEMBER, HE WILL BE TREATED IN THE SAME WAY AS THE APPOINTED MEMBERS. THERE IS SCOPE FOR THIS UNDER ROYAL INSTRUCTION (RI) III. THE ALTERNATIVE OF REVOKING MR WIGGHAM'S APPOINTMENT UNDER LP V AGAIN SUFFERS FROM THE SLEDGE-HAMMER APPROACH.
4.
A FURTHER SMALL POINT. YOU WILL WISH TO BEAR IN MIND THAT THE RESIGNATIONS FROM LEGCO OF PROFESSOR CHEN AND PROFESSOR LIEH-MAK WILL ONLY TAKE EFFECT AFTER YOU HAVE ACCEPTED THEM IN WRITING- RI XVIII.
HURD
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