TNAG-2738-FCO40-3951-Hong-Kong-Letters-Patent-1993-1993 — Page 17

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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08 FEB 1994

PS/Mr Goodlad

From:

Mr F D Berman Legal Adviser

Date:

20 October 1993

stev

20110

87

/

THE DRAFT HONG KONG ADDITIONAL INSTRUCTIONS 1993 (REVOCATION) 1993 AND THE DRAFT HONG KONG ADDITIONAL INSTRUCTIONS 1993 (NO. 1) AND (NO. 2)

Problem

1.

The approval of a Foreign and Commonwealth Office Minister is required for the attached draft Hong Kong Additional Instructions to be submitted to the meeting of the Privy Council to be held on 27 October.

Recommendation

2.

I recommend that Mr Goodlad approve the three draft instruments. HKD and the Government of Hong Kong agree. Papers have to be with the Privy Council Office by 5.00pm on 21 October. If the Minister agrees, he should sign his name in the place marked at the top right hand margin of each draft.

Background

3. The Hong Kong Additional Instructions 1993 were signed by The Queen in June. They included, at the request of the Government of Hong Kong, two sets of amendments to the principal Royal Instructions. The first set gave the Legislative Council of Hong Kong the power to determine the arrangements for presiding in the Hong Kong Legislative Council when the President of the Legislative Council is absent. The second set of amendments was required to implement proposals for constitutional change relating to elections to be held in 1995. The instrument was, however, never brought into operation.

4.

The purpose of the present operation is to disjoin the amendments relating to the Legislative Council from the provisions on constitutional change. The Government of Hong Kong are anxious to bring the former into operation as possible, but neither they nor we wish to bring the latter into operation yet, while the talks with the Chinese on the 1994/95 electoral arrangements still continue. We accordingly propose to revoke the earlier instrument and substitute two fresh ones: one containing the amendments relating to the Legislative

/Council

1

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