GF
BAR OF!
pls.
CONFIDENTIAL
Mr Stone, HKD
HK B
01216
From:
Paul Fifoot
Legal Advisers
C
1990
Date:
30 October 1990
199
HONG KONG TELNO 3154: VALIDITY OF ACTS BY THE LEGISLATIVE COUNCIL
1.
The formula set out in paragraph 2 of our telno 1898 has been used regularly of recent years in modern constitutions in dependent territories without, so far as I am aware, giving any impression that the local government would pack their Legco with "members who are not eligible". That, of course, does not make it sacrosanct, and if an alternative proposal fits the particular bill and is adequate, there is no reason why we should stick to the precedent.
2.
However, there is a question whether the proposed text in TUR is sufficiently wide. It deals only with members. But, in the circumstances of Hong Kong (see in particular Article 62(6)), persons, other than members, may legitimately sit in the Council and there may, therefore, be questions as to whether a person in attendance was or was not entitled to sit under that provision. It could be, therefore, that a provision not confined to "members" was more suited to the circumstances of Hong Kong. It would be as well to draw this to the attention of HKG.
Paul Fifoot
5PFAAS
CONFIDENTIAL
100
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