TNAG-2459-FCO40-3580-Future-of-Hong-Kong-constitutional-development-administrati-1992 — Page 69

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4

AS for

Clause XXI (B) (2) (and

consequentially

to enable LegCo-

Clause XXIV (2)(b)), the intention is Standing Orders 4B (Attendance of Public Officers) and 4C (Participation of Public Officers in Proceedings) to be

founded upon clear vires. It will also pave the way for

post-1995 arrangements, when there will no longer be any

ex-officio Members on LegCo. In our view, our proposal is in keeping with our declared objective of maintaining an

Executive-led government. It is also in line with BL 62(4)

(6).

Subject to any views which you may have on our proposed clauses XXI (B) and XXIV, I believe the way should

now be clear for the various amendments to be submitted to

the Privy Council meeting on 17 December.

the amendments into

We very much doubt

March 1993 is

On the timing for bringing

operation, we have noted your advice. that delaying the date of operation to desirable, or that it will be acceptable to the Governor.

Whilst I recognize that it might not be appropriate to have a discrepancy

between the constitutional documents and the

domestic legislation, in our present case the problem is

more academic than real.

The Director of Audit is not due

to submit a further report to the LegCo President until

March 1993.

During the intervening period, it does not, in our view, make any practical difference whether the Audit

Ordinance refers to "the Governor as the President of the

Legislative Council" or simply "the President of the Legislative Council". I would therefore be grateful if you

would ask the Legal Advisers to reconsider the issue. The initial view from our own lawyers is that there should not

be any fundamental objection to bringing the amendments to Patent and the Royal Instructions into effect

the Letters

G.F. 324

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