For decision

on 20 February 1990

CONFIDENTIAL

Annex A

Blue Vol XXXX (4)

XCX (90) 13

Copy No.

MEMORANDUM FOR EXECUTIVE COUNCIL

1991 LEGISLATIVE COUNCIL :

THE PRESIDENCY AND PARTICIPATION BY OFFICIALS

THE PROBLEM

By

1997, the whole of the Legislative Council will be constituted by election and the President will be elected from among its Members. To facilitate a smooth transition, there a need to anticipate these major changes in deciding the composition of the 1991 legislature.

is

Ale

RECOMMENDATION AND ADVICE SOUGHT

2

It is

reconstituted in 1991

(a)

(b)

recommended that when

the legislature

is

appointed

be

should Member non-official a Deputy President (paragraphs 9 and 10); and

Officials (other than

ex officio Members)

should be able to participate in the Council's proceedings,

to vote the right

without

3

but

(paragraph 12)

Members

will be asked to

advise

whether this

recommendation should be approved in principle.

BACKGROUND AND ARGUMENT Background

4

that

JD 49 and Article 67 of the draft Basic Law provide "The

Legislative Council of the Hong Kong Special Administrative Region shall be constituted by elections". According to Annex II of the draft Basic Law, there will be no official Members. Article 70 further provides

provides that "The President

the Legislative Council of the Hong Kong Special Administrative Region shall be elected from among the members of the Legislative Council. In the interests of continuity, the composition of 1995 legislature will need to mirror these provisions.

advisable for the changes to be implemented gradually, with a start being made in 1991.

It would be

CONFIDENTIAL

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