HC Deb 05 July 1994 vol 246 cc139-40W
Mr. Bermingham

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the election of Mr. John Swaine as President of the Hong Kong Legislative Council on 19 February 1993.

Mr. Goodlad

[holding answer 1 July 1994]: Mr. John Swaine was elected unopposed as President of the Hong Kong Legislative Council on 19 February 1993. Although Mr. Swaine's election took place before all the residual formalities relating to the Hong Kong Letters Patent 1992 and the Hong Kong Additional Instructions 1992 had been completed, we know of no act performed by Mr. Swaine which was invalid as a result of this error.

Mr. Bermingham

To ask the Secretary of State for Foreign and Commonwealth Affairs if he will make a statement on the errors in the procedural steps in respect of local laws enacted in Hong Kong in 1992 and 1993 including the two budgets; and if he will introduce legislation to rectify those errors.

Mr. Goodlad

[holding answer 1 July 1994]: The Hong Kong Letters Patent 1992 and the Hong Kong Additional Instructions 1992 were published in the Hong Kong Gazette before residual formalities relating to them were completed. This should have no effect on the validity of anything done in Hong Kong before or after the formalities had been completed, but we are considering whether any further action is necessary to remove doubt in this matter.

Mr. Bermingham

To ask the Secretary of State for Foreign and Commonwealth Affairs what date Her Majesty sealed the amendments to the Hong Kong Additional Instructions 1992 and the Hong Kong Letters Patent 1992; and if he will make a statement.

Mr. Goodlad

[holding answer 1 July 1994]: The Hong Kong Letters Patent 1992 were sealed on 15 April 1993 and the Hong Kong Additional Instructions 1992 were signed by Her Majesty on 24 March 1993.

Mr. Bermingham

To ask the Secretary of State for Foreign and Commonwealth Affairs what were the reasons for the legal formalities not being completed prior to the enactment of the Hong Kong Letters Patent 1992 and the Hong Kong Additional Instruction 1992.

Mr. Goodlad

[holding answer 1 July 1994]: As a result of a clerical error, the Hong Kong Letters Patent 1992 and the Hong Kong Additional Instructions 1992 were gazetted and brought into force in Hong Kong before the residual formalities had been completed.

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