TNAG-2737-FCO40-3950-Hong-Kong-Letters-Patent-1993-1993 — Page 83

4. Article 4 (1)

I accept Hong Kong Government's point that the wording "laws of the Colony may provide for the election of members of the Legislative Council" could be construed as meaning that there could be an element of discretion as to whether the domestic legislation is to provide for elected membership. I wonder however whether it might not be preferable to have specific provision for laws to provide for the holding of elections rather than leaving the making of such laws to be inferred from the general provision on making laws in Article VII, paragraph

(1). The Hong Kong draft refers to laws of the Colony which provide for the election of members of Legco but makes no specific provision for such laws to be made. I have in mind adopting the Hong Kong draft paragraph 2 for Article VII but amending it to read:

"(2) Without affecting the generality of paragraph 1, laws of the Colony may provide for the holding of elections for the Legislative Council. Such laws may provide for different categories of such Members ...'

(etc., rest as

in Hong Kong draft).

If Hong Kong have difficulty with this proposal, I will put in the original Hong Kong version.

5.

Article 4(2)

I have corrected the order of numbering.

6.

In order to be consistent with the Royal Instructions (see my minute to you of 12 March, paragraph 4), I have now put a capital M for "Members" and made consequential amendments.

I attach an amended version of my draft Letters Patent taking account of the points above.

7.

2

Shelaph Brecks

Shelagh Brooks