TNAG-2462-FCO40-3583-Application-of-Colonial-Laws-Validity-Act-in-Hong-Kong-1992 — Page 27

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event of an attack on the reserved power, that the argument that power is a major prerogative power.

6. I do not know why the Hong Kong telegram at Option B refers to making an Order in Council to reserve Bills altering LEGCO's constitution. There is no statutory power to make such an Order and the way to amend Letters Patent is by other Letters Patent rather than by prerogative Order in Council. As to Hong Kong's query at paragraph 13 of telno 3931, I suggest that the coming into operation clause of the amending Letters Patent might use one of two formulae: 'These Letters shall be published in the Hong Kong Government Gazette and shall come into operation upon the day [date] [immediately following the date] of such publication'. These formulae were used in 1991 Letters Patent and Royal Instructions. Letters Patent are not statutory instruments but prerogative instruments. informed by Ms Jenny Waine of the Crown Office in the House of Lords that the warrant and public roll which form part of the Letters Patent process are sent to the Public Records office at the end of the relevant regnal year and are available for public inspection then. The Letters Patent are normally published in the London Gazette but upon further questioning, she suggested that this procedure could be omitted. Her telephone number is 219 4687

I am

(219 3000 switchboard) should you wish to speak to her yourself.

7.

Although LEGCO's constitution is set out in Article VI of the Letters Patent, there are a number of more minor provisions about LEGCO in the Royal Instructions. If LEGCO decided to legislate to amend these, could the Bill be caught by the proposed power to reserve Bills? This depends on how wide the power by the amending Letters Patent is drafted; it would need to cover LEGCO's powers and procedures as well as LEGCO's constitution ( this would also mirror the language used in Section 5).

8. Finally, you and Mr Burns raise a number of questions in your respective mintues of 2 January 1992 and 31 December 1991. My answers to these questions are as follows:

(a) Mr Burns asks how far LEGCO could go in practice in voting through constitutional change on the basis of the Act, eg can LEGCO vote to abolish EXCO or make the Governor accountable to LEGCO. Section 5 only empowers a representative legistature to make laws respecting its own. constitution, powers and procedure.

AELAAW