TNAG-2694-FCO40-3900-Hong-Kong-Judiciary-and-judicial-appointments-1993 — Page 16

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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CONFIDENTIAL

373/1

36

GOVERNMENT SECRETARIAT

LOWER ALBERT ROAD

HONG KONG

*** OUR Rer (51) in CSO/ADM/CR 3/3222/88(93) IV

法海 YOUR REF

RA

By Fax

8 June 1993

Ms Bridget Paris

Hong Kong Department

Foreign & Commonwealth office

United Kingdom

HK

KA 373/1

28 JU 1993

Dear Bridget,

Judicial Officers (Tenure of office) Bill

Proposed Amendments to the

Letters Patent and Colonial Regulations

19

Thank you for your letter of 27 May 1993 in

reply to mine of 6 May 1993 on the above subject.

(s)

I note that you are aiming to submit the amendments to the Letters Patent to the Privy Council on 20 July 1993. I also note your advice that the Letters Patent usually come into operation upon the date of their publication in the HKG Gazette. However, I recall that the previous amendments to the Letters Patent for other purposes (approved by the Privy Council on 17 December 1993) have included a commencement clause specifying that the amended Letters Patent "shall come into operation upon the day immediately following the publication". Most grateful if you would advise whether such a commencement clause is likely to be included into the present amendments.

date

of

such

I have consulted the Attorney General's Chambers about your proposal to obtain the Secretary of State's approval for the amendments to the colonial Regulations before the amendments to the Letters Patent are in force.

advice given to me is that the Colonial Regulations (as "Directions to Governors for general guidance given by the Crown through the Secretary of State") cannot be in conflict or at variance with the Letters Patent (which are more than Directions to Governors in that they, inter alia, confer powers upon the Governor and together with Royal Instructions form the principal constitutional documents of Hong Kong). It will therefore be necessary for the amendments

the Letters Patent to precede the corresponding amendments to the Colonial Regulations.

to

CONFIDENTIAL

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