SECRET
SECRET FM FCO
TO DESKBY 25010OZ HONG KONG
TELNO 1439
OF 2418O9Z SEPTEMBER 92
ния allwo П 30/9
INFO IMMEDIATE PEKING, UKREP JLG HONG KONG
060231
MDHOAN 1348
PERSONAL FOR GOVERNOR FROM RICKETTS HKD PEKING: PERSONAL FOR AMBASSADOR
UKREP JLG: PERSONAL FOR MR GALSWORTHY
CONSTITUTIONAL ISSUES: LETTERS PATENT(LP) AND ROYAL INSTRUCTIONS
(RI)
1.
WE HAVE DISCUSSED WITH OUR DEPARTMENTAL LEGAL ADVISER THE AMENDMENTS THAT WILL BE REQUIRED TO THE LPS AND RIS IN THE SHORT TERM, TO DEAL WITH THE REMOVAL OF THE CBF FROM EXCO AND YOUR STEPPING DOWN AS PRESIDENT OF LEGCO. SUBJECT TO YOUR VIEWS, WE WE THINK THAT IT WOULD BE BEST TO DEAL WITH THESE POINTS IN A SINGLE ORDER-IN-COUNCIL AS SOON AS POSSIBLE, AND TO LEAVE OTHER CHANGES THAT WILL BE NECESSARY TO REFLECT THE NEW COMPOSITION OF LEGCO IN 1995 UNTIL AFTER THE DISCUSSIONS
WITH THE CHINESE ON THESE ISSUES.
2.
WE SEE NO DIFFICULTIES IN TERMS OF THE LP AND RI WITH THE REPLACEMENT OF APPOINTED MEMBERS OF EXCO. THERE IS SCOPE FOR EXCO MEMBERS TO RESIGN (RI III). THE CBF IS IN A SLIGHTLY DIFFERENT CATEGORY. HE CANNOT FORMALLY CEASE TO BE A MEMBER OF EXCO UNTIL THE RIS HAVE BEEN AMENDED TO REMOVE HIM FROM RI II. WE SEE NO PROBLEM WITH THIS. THE CBF WOULD SIMPLY NOT TURN UP FOR MEETINGS UNTIL THE AMENDMENT TO THE RI TOOK EFFECT. WE ARE NOT AWARE OF ANY REQUIREMENT THAT ALL/ALL MEMBERS OF EXCO HAVE TO
BE PRESENT TO MAKE A DECISION.
·
3. AS REGARDS LEGCO, YOU FULFIL TWO ROLES: ONE AS A MEMBER UNDER LP VI AND THE OTHER AS PRESIDENT UNDER RI XXI. I IMAGINE THAT YOU INTEND TO RELINQUISH BOTH THESE POSITIONS. THERE ARE THREE POINTS HERE: FIRST BY DOING SO YOU WILL RELINQUISH YOUR RIGHT/RIGHT TO ADDRESS LEGCO - UNLESS NEW PROVISION IS MADE TO GIVE YOU THAT RIGHT. THERE ARE PRECEDENTS FOR SUCH A RIGHT. YOUR EXPERTS MIGHT CONSIDER WHETHER IT WOULD BE PRUDENT TO FOLLOW THIS ROUTE, AND IF SO, WHAT THE BEST TIMING WOULD BE. AT FIRST SIGHT THERE WOULD SEEM TO BE ATTRACTIONS IN AMENDING THE RI ON THIS POINT
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