TNAG-2738-FCO40-3951-Hong-Kong-Letters-Patent-1993-1993 — Page 141

13-JUL-1993

16-02

CONFIDENTIAL YS

2

6.

Thus, the vital questions to which we need to know the

answers are

(a)

when was the Great Seal affixed to the LP;

(b)

(c)

when did the Queen sign the Additional RI;

did either or both those dates occur before the gazettal of the instruments in Hong Kong?

7.

Previously, it had been assumed that these things had been accomplished in due time. But Mr Whitney's letter has cast doubt on the integrity of the process. Provided both instruments were perfected before the gazettal dates no problem ultimately arises but the position, as so far as it now appears to us, puts in question the legal propriety of dating these instruments "17 December 1992". The first two paragraphs of Mr Whitney's letter make it clear that he himself makes

that he himself makes a distinction between a meeting of the Privy Council at which amendments to the LP and RI are approved in principle and the actual execution of the finalised instruments by the application of the Queen's "Sign Manual" (i.e. signature).

8.

We would advise you to resolve these doubts with the FCO without delay.

JC/dc

Alina

( James Collins )

Senior Crown Counsel

CONFIDENTIAL V