NOTE FOR THE PRIVY COUNCIL
DRAFT HONG KONG LETTERS PATENT 1992.
1.
The draft Letters Patent 1992 (no 1) propose that Clause VI be revoked to remove the Governor of Hong Kong from being a member of the Legislative Council.
DRAFT HONG KONG ADDITIONAL INSTRUCTIONS 1992
2.
The draft additional Instructions propose that Clause II of the principal Instructions be amended to remove the Commander British Forces from the constitution of the Executive Council with the consequential amendment to Clause VIII(3). The draft additional instructions further propose that the Governor should cease to be President of the Legislative Council, with a number of consequential amendments to Clauses XIX (2) and (3), XXI (3) and XXII of the principal Instructions.
Clause XXI (1) provides for a President to be elected from amongst the non ex-officio members of the Council, who may also elect a Deputy-President or other member to preside when the President is absent (Clause XXI (2)). Clause XXI (B) will provide for the Governor to address the Council, including during a special sitting and for members of the Council to put questions to the Governor and receive answers to them. It also provides for the Governor to propose any policy, measure, bill, vote, resolution, motion or question for debate in the Council and for him to direct a public officer to attend a meeting of the Council to attend to any public matter. This will pave the way for post-1995 arrangements when there will no longer be any ex-officio members on the Council.
Clause XXIV provides for any member of the Council to propose a question for debate and ensures that only the Governor or a public officer or member of the Council authorised by him may propose any ordinance, vote, resolution or question which might affect any part of the public revenue.
notes / LPS. RIS/BP.