}
Mr Whitney HKD
From:
Miss S Brooks
Legal Counsellor
Date:
16 March 1993
HKB
012/5
RECEIVED IN REGISTRY
24 MAR 1993
REGISTRY
23
DRAFT ROYAL INSTRUCTIONS
I refer to the letter from Joseph Lai of-16 March to yourself setting out the comments of the Hong Kong Government. My comments on the points in the letter are set out below.
1.
2. Clause 2 (c)
I have not included Clause 2 (c) among the provisions in Article 1(4) which need to be brought into operation on the appointed day, ie it will come into operation on the date of gazettal.
3.
In the context of Clause 2 (c) which amends Clause XIIA of the principal Instructions, I referred in my minute of 12 March to you to "an election referred to in paragraph (1) heading and sub-paragraph (a)". By "heading" I meant the words "An election for all Members of the Legislative Council in accordance with laws in force in the Colony shall be held-". There is a precedent for this use f the word "heading" in the 1992 Royal Instructions. One would normally use the word "chapeau" but of course, one does not use French terms in drafting Letters Patent. If Hong Kong Government can think of a better word, I would be glad to know of it for future use. reference to paragraph 1, sub-paragraph (a) alone is not good enough because there is no reference to an election in sub-paragraph (a). The draft Instructions as sent to the printers simply refer to "paragraph 1" but I would prefer to be more precise if Hong Kong Government can suggest an alternative word to "heading".
4. Clause 4 (b)
A
I cannot find the other references to Clauses mentioned by Hong Kong Government but I have used a capital "C" wherever it is appropriate to do so.
/5.
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