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BHEU ET
Foreign & Commonwealth
Office
(42)
7 December 1992
(By Fax)
Joseph Y T Lai Esq
Constitutional Affairs Branch
Lower Albert Road
Hong Kong
London SWIA 2AH
Telephone: 071-276 2652
Dear ihr Lai,
ELECTED LEGCO PRESIDENT AND CBF'S MEMBERSHIP
1. Thank you for your letter of 3 December.
2.
Our Legal Counsellor is content with your suggested re-draft for RI XXI (1) and the similar amendment to RI XXI (2) (a). The words "and addressing" will need to be deleted from the side-note.
3. We are also broadly content with the new RI XXI (B), but have a few drafting suggestions which are as follows.
(a) Delete the words "Notwithstanding the provisions of Article XI (1) of our Letters Patent 1917 to [1993]". They seem to be unnecessary since the new RI XXI (B) is about the Governor's voluntary attendance at Legco; RI XXI (B) does not affect the constitution of Legco. The words "only" and "that is to say" could also be deleted on the grounds that they are superfluous.
(b) It might be helpful if the words "at any time as the Governor shall think fit" and "including during a special sitting" were to qualify (a), (b) and (c). Please could you consider a revision of the chapeau to paragraph 1 so that it would read:
"The Governor may at his discretion attend sittings of the Legislative Council, or any committee or sub-committee thereof, at any time as he shall think fit, including during a special sitting, for the following purposes:"
If you are content with this proposal then the words "at any time as he shall think fit, including during the special sitting" would be deleted from RI XXI (B)(1) (a).
(c)
The words "on his behalf" could be inserted in RI XXI (B), paragraph (2) chapeau after the words "to attend";
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