TNAG-2462-FCO40-3583-Application-of-Colonial-Laws-Validity-Act-in-Hong-Kong-1992 — Page 38

Miss Saunders

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COLONIAL LAWS VALIDITY ACT 1865: LEGCO

1. May I throw in my tuppence worth?

2.

Reference..

HKB C25/1

S FAN

is

First, in relation to the end of paragraph 4 of Miss Brook's interesting minute, you should be aware that Miss Brooks has recently given us advice on LegCo's powers to amend prerogative orders as they affect minor prerogative powers. This was in relation to the Probate and Administration Ordinance - file reference HKB000/1.

3.

Second as Hong Kong telno 3931 intimates, if there was a determined effort to push such a private members bill through, this could be done quite rapidly. The Standing Orders of Legco describe the procedures but do not lay down any time frame, private member could introduce such a bill at any time and have it put in the Gazette- unless we could convince him and ourselves that there was an implication for the public revenue in Hong Kong. (Could there be? Presumably fresh elections would have to be undertaken which would result in public expenditure. If this was the case, then the Governor could refuse to allow the bill to go ahead

at least for a while).

-

4.

Third, I wonder whether such a bill would not fall under class 8 of clause XXVI of the Royal Instructions. Surely such a bill would be of a "extrodinary nature and importance, whereby Our prerogative .... may be prejudiced". In which the case the Governor would be prohibited from assenting to the bill. I also wonder whether it could be argued that such a bill would not be "for the peace, order and good government of the colony" and therefore not one that the Governor could make (Letters Patent VII).

5.

Finally, as I have already mentioned to you, we need to bear in mind that administrative procedures associated with amendments to the Letters Patent and Royal Instructions can move exceedingly slow - ie the preparation of Vellum.

мелижае

file

2

M V Stone

Hong Kong Department

WH 304

270 2651

9 January 1992

cc: Mr Ricketts

Mr Cox

Miss Brooks, Legal Advisers

Mr Wye, RAD

CODE 18-77

MVSABM

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