TNAG-2459-FCO40-3580-Future-of-Hong-Kong-constitutional-development-administrati-1992 — Page 61

Miss Padi B 7112

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Ms Paris

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From:

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His adro

Miss S Brooks

139

Legal Counsellor

Date:

4 December 1992

(a)

(b)

(c)

AMENDMENTS TO THE LETTERS PATENT AND ROYAL INSTRUCTIONS

1. Thank you for your minute of 3 December received this morning. I am content with the Hong Kong redraft for RI XXI (1) and the similar amendment to RI XXI(2)(a). The words "and addressing" need to be deleted from the side-note.

I have,

2. I am broadly content with the new RI XXI (B). however, a few drafting suggestions, they are as follows.

Delete the words "Notwithstanding the provisions of Article XI (1) of our Letters Patent 1917 to [1993]". They seem to me to be unnecessary since the new RI XXI (B) is about the Governor's voluntary attendance at Legco; RI XX1 (B) does not affect the constitution of Legco. I would also like to see the

words "only" and "that is to say" deleted on the grounds that they are superflous.

It occurs to me that it might be helpful if the words "at any time as the Governor shall think fit" and "including during a special sitting" were to qualify (a), (b) and (c). I suggest that the Hong Kong Government might like to consider the revision of the chapeau to paragraph 1 so that it would read:

"The Governor may at his discretion attend sittings of the Legislative Council, or any committee or sub- Committee thereof, at any time as he shall think fit, including during a special session, for the following purposes:"

If the Hong Kong Government accept this proposal the words "at any time as he shall think fit, including during the special sitting" would be deleted from their RI XX1 (B) (1) (a).

I suggest the words "on his behalf" are inserted in RI

XXI (B), paragraph (2) chapeau after the words "to attend"; and the words "only, that is to say" are deleted as superfluous; and the dash is replaced by a colon.

3. I am also broadly in favour of the revision to RI XXIV. do however have some drafting amendments to suggest I do not think the words "for that purpose" in RI XXIV (2) (b) clearly refer to a particular purpose. I would like to revise RI XXIV (2)(b) to read:

I

1

/ (b)