(D) CLAUSE 5
FIFOOT'S POINTS ARE AGREED, EXCEPT THAT PARA (2) OF NEW CLAUSE XVII IS NOT CONSIDERED NECESSARY. ALSO, IT COULD HAVE THE UNDESIRABLE RESULT OF FUELLING A CHALLENG TO THE GOVERNOR'S INTERVENTION BY EXPRESSLY MAKING 'DIFFERENCES AND COMPARABLE CONDITIONS THE SUBJECT OF STATUTORY CONSTRUCTION AND INTERPRETAT- ION: IT IS CONSIDERED THAT PARA (1) WILL BE SUFFICIENT AND EFFECTIVE ON ITS OWN, GIVEN THAT RELEVANT CONSIDERATIONS AFFECTING ELECTED MEMBERS ARE FULLY SET OUT IN THE BILL.
(E) CLAUSE 3
THIS IS INTENDED TO REFLECT THE PRESENT PRACTICE, NAMELY, THAT THE CONCEPT OF A SESSION'' DOES NOT INCLUDE ADDITIONAL SITTINGS HELD DURING A RECESS UNDER STANDING ORDER 7A. TO PREVENT ANY UNCERTAINTY IN RESPECT OF NEW CLAUSE XXIA(1), IT IS PROPOSED, IN ADDITION TO CONTINUING TO REFER TO ONE SESSION**, TO ADD AFTER TWELVE MONTHS' THE WORDS THAT BEGINS ON
་ ་
1 OCTOBER IN EACH YEAR''. ALSO, WHILE LEAVING PARA (2) UNCHANGED, IT IS PROPOSED TO ADD IN PARA (3) AFTER ''HELD'' THE WORDS **IN ACCORDANCE WITH ITS STANDING RULES AND ORDERS': SEE THE
FORMULA USED IN CLAUSE XXIII OF THE EXISTING ROYAL INSTRUCTIONS.
TO REMOVE ANY POSSIBILITY THAT ADDITIONAL SITTINGS HELD UNDER PARA (3) MAY BE TREATED AS ONE OR MORE SESSIONS, IT IS PROPOSED TO ADD AT THE END OF THAT PARAGRAPH THE WORDS **, BUT ANY SUCH ADDITIONAL SITTING OR SITTINGS SHALL NOT BE DEEMED TO BE OR FORM PART OF A SESSION OF THE COUNCIL.'' NO OTHER CHANGES ARE CONSIDERED
NECESSARY TO NEW CLAUSE XXIA.
1
IT IS NOT CONSIDERED NECESSARY TO CHANGE NEW CLAUSE XXIB EXCEPT
IN PARA (1) 3Y DELETING THE COMMENCEMENT OF THE SESSION WHICH COMMENCES' ** AND SUBSTITUTING THE DATE!'1 OCTOBER''.
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(F) AS EXPLAINED IN MY TELNO 287, WE DO NOT FAVOUR THE INCLUSION CF ANY PROVISIONS GIVING THE GOVERNOR POWER TO DISSOLVE THE LEGISLATIVE COUNCIL OR TO ALLOW FOR THE HOLDING OF EXTRAORDINARY ELECTIONS: NOR, AS EXPLAINED IN MY TELNO 396, DO WE AGREE THAT ANY PROVISION SHOULD BE INCLUDED FOR THE RESERVATION OF BILLS AFFECTING THE POWERS, PRIVILEGES AND IMMUNITIES OF LEGCO AND ITS MEMBERS.
4. LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) BILL.
(A) AS WE DO NOT CONSIDER THAT ANY FURTHER PROVISIONS RELATING TO THE TIMING OF ELECTIONS OR DISSOLUTION OF THE LEGISLATIVE COUNCIL SHOULD BE INCLUDED IN THE ROYAL INSTRUCTIONS, IT FOLLOWS THAT NO CONSEQUENTIAL CHANGES WILL BE REQUIRED TO CLAUSE 3(1), EXCEPT TO DELETE THE WORDS THE COMMENCEMENT OF THE SESSION OF THE LEGISLATIVE COUNCIL WHICH COMMENCES AND SUBSTITUTE 1 OCTOBER'',
OR TO CLAUSE 5 OF THE BILL.
CONFIDENTIAL
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|(B)