CONFIDENTIAL
PROCEDURE TO IMPOSE A CONTRIBUTION
8.
This ponit has
The following procedures were possible:
(1)
(2)
(3)
(can referred separately to Legal
Adorsist.
ANG
14.8.71.
By the use of the unofficial majority. This would involve the following steps:
(a)
(b)
(c)
(a)
@@
(e)
(f)
Reference to Executive Council who would refuse
to advise acceptance of the figure to be imposed.
The Governor would have to inform Executive
Council that he had decided to act against their
advice and he would report accordingly to the
Secretary of State.
Reference to Finance Committee who would likewise
refuse to vote the funds.
Preparation of a Supplementary Appropriation Bill which would then need to go to Executive Council. The Governor would again act against Executive Council's advise and order that the Bill should go
to Legislative Council.
The Bill would be debated on two occasions in the Legislative Council (first on its second reading and subsequently at the committee stage). The Governor would then have to use his casting vote
to force the measure through.
The use of Hong Kong Legislative Council Standing Order No 58. This would enable the necessary funds
to be voted by using the official majority in
committee of the whole Council; but a Supplementary Appropriation Bill would subsequently be required and although the Bill would not in these circumstances require reference to Executive Council it would give rise to public debate in Legislative Council for a
second time.
By Order in Council. This procedure would not require reference to Hong Kong and would thus not involve the Unofficial Members who could disassociate
themselves from it. It would be necessary to take legal advice as to whether the Order in Council could or should be made under the Royal prerogative or through normal Parliamentary procedure (which might involve a debate). (So far as was known this procedure had
- 4.
CONFIDENTIAL
/never