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FM HONG KONG
TO IMMEDIATE FCO
TELNO 2426
OF 010845Z OCTOBER 92
INFO IMMEDIATE PEKING, UKREP JLG HONG KONG
TOP COPYMDHIAN Q DIST ?/
076607
MDHIAN 1421
PERSONAL FOR RICKETTS, HKD.
PEKING:
PERSONAL FOR AMBASSADOR.
UKREP JLG: PERSONAL FOR MR.GALSWORTHY.
YOUR TELNO 1439! CONSTITUTIONAL ISSUES: LETTERS PATENT (LP) AND ROYAL INSTRUCTIONS (RI).
I AM GRATEFUL FOR YOUR DEPARTMENTAL LEGAL ADVISER'S USEFUL COMMENTS ON THE AMENDMENTS NEEDED TO THE LP'S AND RI'S. I AGREE THAT A SINGLE ORDER-IN-COUNCIL TO DEAL WITH THE IMMEDIATE ISSUES OF THE NEW COMPOSITION OF THE EXCO AND MY STEPPING DOWN AS PRESIDENT OF THE LEGCO WOULD BE THE MOST PRACTICAL WAY FORWARD. THE OTHER CHANGES THAT WILL BE REQUIRED IN CONNECTION WITH THE
1995 LEGCO ELECTIONS SHOULD AWAIT THE CONSIDERATION OF OUR
DISCUSSIONS WITH THE CHINESE.
2.
CBF HAS AGREED THAT HE WILL NOT ATTEND EXCO MEETINGS, PENDING THE AMENDMENT TO THE RI'S. THERE IS INDEED NO REQUIREMENT
FOR ALL MEMBERS OF EXCO TO BE PRESENT TO MAKE A DECISION.
3. I DO INTEND TO RELINQUISH MY MEMBERSHIP OF LEGCO AT THE SAME
TIME AS I GIVE UP THE PRESIDENCY OF LEGCO. THE COUNCIL WOULD THEN
HAVE ONLY 60 MEMBERS.
I WOULD CERTAINLY LIKE TO RETAIN THE RIGHT TO ADDRESS LEGCO
IN MY CAPACITY AS GOVERNOR. I AGREE IT WOULD BE DESIRABLE TO INCLUDE THIS PROVISION, EITHER IN THE RI'S OR (WITH THE AGREEMENT OF LEGCO THE LEGCO STANDING ORDERS, AT THE SAME TIME AS I RELINQUISH THE PRESIDENCY OF LEGCO. OUR LEGAL EXPERTS DO NOT HAVE ACCESS TO THE PRECEDENTS IN OTHER TERRITORIES FOR SUCH A RIGHT, AND I SHOULD BE GRATEFUL IF YOUR LEGAL ADVISERS COULD LET US HAVE
THIS INFORMATION.
5.
I THINK IT WOULD BE MORE PRUDENT FOR THE ELECTION OF THE NEW PRESIDENT TO TAKE PLACE ONLY AFTER THE AMENDMENT TO THE RI'S HAS BEEN EFFECTED. THIS WOULD AVOID ANY POSSIBLE CHALLENGE TO THE
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