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CONFIDENTIAL
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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.
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