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Articles 2 and 3: these are self-explanatory.
The Additional Instructions
Clause 2. If we do not repeat the basic legislative provision, we could confine this clause to suspension. It then fits in
conveniently in front of the clause relating to provisional
appointments.
Clause 4. I have combined the Hong Kong draft with the provision
for vacating seats by official members. Both official members (other than ex officio members) and unofficial members are appointed
and these provisions can, therefore, be conveniently taken together.
It seems logical to me also to extend the provision for
reappointment to official members as well as unofficial members so
long as they are "appropriately qualified".
Clause 5. There is no reason why the provisions set out in the
Hong Kong draft relating to elected members should not be part of
the elections ordinance. There is, however, a small problem with regard to what become s Clause XVII (1); should this paragraph apply to official members? It cannot do so in its entirety because,
presumably, one of the disqualifying factors would be holding office
under the Crown in the Colony and if we were to extend this
paragraph to all appointed members we would have to make that
exception at least.
However the most convenient approach might be to confine this
paragraph to unofficial members leaving the Governor to ensure that
official members no longer sit if they are guilty of the kind of
conduct which would disqualify an unofficial member. The same
considerations would apply to paragraph 2 in that the Governor can
ensure the attendance of his officials.
Clause 7. I think this is right; there will now be objective
disqualifying criteria and if a question arises in relation to those criteria it is appropriate that it should be decided in the same way
it would be decided in respect of an elected member.
Of course,
as
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