TNAG-2459-FCO40-3580-Future-of-Hong-Kong-constitutional-development-administrati-1992 — Page 148

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

ri.lp.validity

CODE 18-77

Reference.

C.DEV.

Mr Ricketts

SECRET

Mr Stone tone

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period Afere Hi RI are

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IMPLICATIONS OF GOVERNOR IMPLEMENTING CHANGES IN ADVANCE OF PRIVY COUNCIL APPROVAL

SUMMARY

1.

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RI are charged

23/5

If the Governor is thinking of implementing his changes to ExCo and Legco before the Letters Patent (LP) and Royal Instructions (RI) are made there could be practical problems. Miss Brooks will be minuting separately.

DETAIL

/

2. The CBF is specified in the RIS as being a member of ExCo. If he is removed there is a danger that any decisions taken by the "Governor-in-Council" could be challenged legally on the basis that the the Council was not properly constituted. I am thinking of such powers as those to make subsidiary legislation and to increase fees.

3.

If the Legislative Council were to elect a President before the Governor is terminated as President, this could also pose problems. Miss Brooks will discuss the issue.

4. Should we take the matter up with the Governor or I am getting excited about nothing?

Mühl ustere

Michael V Stone

Hong Kong Department

23 September 1992

SECRET

1

CC:

Miss Brooks Legal Advisers Mr Morris

Miss Saunders

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