13-JUL-1993 16:51
CONSTITUTIONAL AFFAIFE EF
852 640 1979
P.03
CONFIDENTIAL
MEMO
From Attorney General's Chambers
ToSecretary for Constitutional Affairs
(Attn: Miss Vivian Sum
Ref. (110) in
AGC ADV 5055/1C VII (JC)
Tel. No.
867 2130
Your Ref....
in
CAB A9/3
Date
6 July 1993
dated
29 June 1993.
G.r. 73C
PLEASE RETURN TO REGISTRY
Amendments to Letters Patent and Royal Instructions
The final paragraph of the letter from Mr Nigel Whitney of FCO, which you kindly copied to us, raises some serious
concerns.
2.
The Hong Kong Letters Patent 1992 and the Hong Kong Additional Instructions 1992 ostensibly came into operation by their Own terms 19 February 1993, the former having been published in the Hong Kong Government Gazette on 18 February 1993 and the latter on 19 February 1993. These instruments, as gazetted, each purport to have been made by Her Majesty on 17 December 1992.
3.
Mr Whitney's letter now reveals that the Privy Council Meeting of 17/12/92 merely "approved in principle" the amendments to the LP and RI, and that when we in Hong Kong were informed that these instruments could be gazetted, they had not in fact received the Queen's signature.
4.
It seems we need to discover the precise chronology of the essential steps needed to give the amendments the force of active law. Roberts-Wray (Commonwealth and Colonial Law, p. 144) states that Letters Patent become law on the affixing of the Great Seal (which, I have always understood, is held in the custody of the Lord Chancellor), and that this is done on the authority of a warrant bearing the Queen's signature. All that happened on 17/12/92 was that Her Majesty approved and ordered the Foreign Secretary to cause that necessary warrant to be prepared for Her Majesty's signature.
5.
The principal Royal Instructions (at least) were passed under the Royal Sign Manual and Signet,
and Signet, and I presume that amendments are made in the same way. When one examines the instrument which issued out of the Privy Council on 17/12/92 in respect of the KI amendments one discovers inai whai actually happened is that Her Majesty approved the amendments and ordered the Foreign Secretary "to prepare the said Instructions for Her Majesty's Royal Signature.
Additional
2272
FFAIRS
Dart. 7. JUL 1993
INWARD LETTER
CONFIDENTIAL #vs
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