TNAG-2462-FCO40-3583-Application-of-Colonial-Laws-Validity-Act-in-Hong-Kong-1992 — Page 12

ef Pal Ent

Mr Saunders 27/5 Grateful for a felegram to Mary Kary explaining on taking Ind discussed detail wit the Governor)

та

Parkett, Her) (241.

нах

SECRET

FROM: P F Rickettsf

02311

77

17 JAN 1992

Hong Kong Department

DATE: 17 January 1992

hand Caittner agrees (marsingt comment

below)

Cappy

cc: Private Secretary Sind

int in

собо нечике

207

Para

Sir J Colés

PS/Lord Caithness

sis

Mr Burns o/r

Miss Brooks,

Legal Advisers

Mr Wye, RAD

13.

is cuss.

+ Sea

Any attempt to muggle

HONG KONG: APPLICATION OF COLONIAL LAWS VALIDITY ACT Legco by new

Problem

1.

Cargèslation is a

non starter before the electro and in all probability

The Governor has asked for our views on what action aftenvands should be taken if members of LegCo should seek to exploit as well.

the above Act in order to change LegCo's constitution against our wishes.

с

Recommendation

2.

I recommend that our first preference should be to rely on the existing (and extensive) powers already available under the Letters Patent (LP). We should discuss further with the Governor his preference for the alternative of an amendment to the Letters Patent. I believe the disadvantages are greater with that approach. submission takes account of the views of our Department's

Legal Adviser.

Background

This

3.

The Colonial Laws Validity Act (CLVA) of 1865 provides that a "representative" legislature shall have power to make laws for its own constitution, powers and procedure provided that such laws are consistent with Acts of Parliament and

REGAAF/1

SECRET