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Governor-in-Council, it will be legally possible for the Order of transfer to be rescinded by the same Authority, with the result that the responsibility for the service would be resumed by the Central Government. And thirdly it will necessarily be within the power of the Legislative Council, subject to His Majesty's powers of disallowance, to amend the Municipal Ordinance, in the direction of reducing the powers of the Council or of annulling the effect of its past actions. Only the most exceptional circumstances would justify either of the two latter methods of reversing the decisions of the Council and of abrogating its powers, and I recommend that it shall be an instruction to the Governor that the prior sanction of the Secretary of State shall be obtained before any such rescinding Order is made by the Governor-in-Council or any such amending legislation is introduced into the Legislative Council.
43. My second recommendation, as I stated in paragraph 5 ahove, is
that certain modifications shall be made in the constitution of the
Legislative Council for the purpose of securing in that body a more direct and a proportionately increased representation of the unofficial
community.
J
44. At the present time, as you are aware, unofficial members of the
Legislative Council not exceeding eight in number are appointed by the Governor in pursuance of Instructions from His Majesty given through the
Secretary of State for the Colonies. It has been the practice for the
Governor in making his recommendation for the appointment of two of these
members to invite two bodies namely the Hong Kong General Chamber of
Commerce and the unofficial Justices of the Peace to nominate one member
each and to submit for Instructions the names of the two persons so
nominated. This practice finds no place in either of the Instruments
relating to the Constitution of the Legislative Council namely the Letters
Patent and the Royal Instructions.
My present proposal is that the
principle shall be both embodied in the Constitution and extended, and that
provision shall be made for four of the Unofficial Members of the
Legislative Council to be directly nominated, or in the event of more than
one candidate receiving support, directly elected, one each by the two
bodies mentioned above, and two by the Municipal Council.