TNAG-2459-FCO40-3580-Future-of-Hong-Kong-constitutional-development-administrati-1992 — Page 149

CODE 18-77

Miss Saunders

Reference..

10

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MAY 017/10

CONSTITUTIONAL WORKING GROUP: RECOMMENDATIONS REQUIRING AMENDMENT OF LETTERS PATENT OR ROYAL INSTRUCTIONS

1.

2.

Mr Cox's minute of 14 August refers.

The amendments to the Letters Patent (LP) and Royal Instructions (RI) are listed at the beginning of those two documents. However the dates of the amendment differ from the record I have of when they were actually signed by The Queen/approved by the Privy Council. I think we have only gone to the Privy Council three times in the last two years in October 1990, in May 1991 and in June 1991.

3.

It is clear that we shall have to change the LP and RI in advance of the 1995 elections. But the amendments are unlikely of themselves to be controversial. The LP and RI deal with fairly mundane things such as, when the elections will take place, the number of members and what grouping they fall into, appointment and suspension of members, and dealing with business. They do not mention thorny subjects such as the voting age, and the actual breakdown or composition of the elected members. The "hinge body" would be unlikely to figure, given its informal, non-constitutional role.

4.

So as to make your list complete, you should know that I have two subjects on which amendments to the Letters Patent (only) will be required: removal of "Justices of the Peace" from LP X1V; and provision for Magistrates and other Judicial Officers (other than Judges already having security of tenure) to be provided with tenure LP XV1. Hong Kong would like to deal with LP XV1 soon and LP X1V in due course.

Ms.

M V Stone

Hong Kong Department

WH 304

270 2651

17 August 1992

cc: Mr Cox

Mr Ricketts o/r

Mr Wye, RAD

roy.instr.ADM

SLM

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