FRIDAY, MARCH 12, 1993

IT. THE

UNNECESSARY WITHOUT

HYPOTHETICAL

IS

THE THE HONOURABLE GENTLEMAN ALSO REFERRED TO

HONOURABLE MEMBERS ROLE OF THE LEGISLATIVE COUNCIL AND I HOPE THAT

ISSUE WILL ALLOW ME TO SAY A WORD OR TWO ABOUT THAT BECAUSE IT IS AN ON WHICH I THINK IN THE LAST FEW DAYS THERE HAS BEEN SOME CONFUSION. LIFE IS DIFFICULT ENOUGH, AS I'VE SAID, ALREADY,

HUGE OTHER DIFFICULTIES AND WITHOUT CREATING IMAGINING CONSTITUTIONAL PROBLEMS. THE ROLE OF THIS COUNCIL IN LEGISLATING CLEAR. A NUMBER OF HONOURABLE MEMBERS HAVE IN RECENT DAYS AND WEEKS ACCOUNT WE HAVE TO TAKE EXPLAINED THAT ROLE TO OFFICIALS IN PEKING. OF THE JUDGMENTS OF THIS COUNCIL ON THE LEGISLATION THAT WE PUT BEFORE POSITION OF THE COUNCIL WILL ALSO KNOW OF THE CONSTITUTIONAL SOVEREIGN POWER AND THE CONSTITUTIONAL POSITION OF THIS COUNCIL. IT WILL, I'M SURE, BE AWARE OF THE FACT THAT UNDER SECTION 26 MIGHT NOT HAVE REMEMBERED THE NUMBER OF THE ROYAL CAN'T ACCEPT LEGISLATIVE PROPOSALS WHICH GO AGAINST TREATY OBLIGATIONS POWER. AND IN ENTERED INTO BY THE UNITED KINGDOM, THE SOVEREIGN

FOR ELECTORAL ARRANGEMENTS RELATION TO LEGISLATIVE PROPOSALS, THE

THE FIRST IS 1994/95, THERE ARE TWO VERY OBVIOUS TREATY OBLIGATIONS.

CIVIL AND THE JOINT DECLARATION AND THE SECOND IS THE CONVENTION ON POLITICAL RIGHTS. I DON'T THINK THAT THIS COUNCIL WOULD BE LIKELY TO TAKE A DECISION WHICH WENT AGAINST THOSE TREATY OBLIGATIONS, THINK THIS COUNCIL WOULD KNOW PERFECTLY WELL WHAT THE GOVERNOR BE OBLIGED TO DO WERE IT TO DO SO.

-

-

INSTRUCTIONS,

IT

I

BUT I WOULD

AS

NOW TO STATE THAT CONSTITUTIONAL POSITION CLEARLY AS I HAVE, DOESN'T IN MY VIEW IN ANY WAY DETRACT FROM THE FACT THAT THIS

GAZETTING

COUNCIL TODAY

HAS

AND

TO LEGISLATE PERHAPS WHICH

ON

IN

THE DUE

PROPOSALS COURSE

WE

WHICH WILL

I'M

BE

INTRODUCING.

MRS ELSIE TU:

MR PRESIDENT. 1 WOULD LIKE TO ASK THE GOVERNOR FOR SOME CLARIFICATION, A QUESTION OF CLARIFICATION. I REMEMBER IN THE PAST WHEN HONG KONG PEOPLE ATTENDED THESE MEETINGS, I BELIEVE ERIC HO WAS ONE OF THEM, THEY HAD TO TAKE BRITISH NATIONALITY BEFORE THEY WERE ABLE TO TAKE PART IN THE MEETINGS. NOW IT SEEMS TO ME THAT IF MR MICHAEL SZE AND MR PETER LAI, IF THEY HAVE NOT HAD TO DO ᎢᎻᎪᎢ . WOULD APPEAR TO ME TO BE A PRE-CONDITION THAT'S BEING MADE, DIFFERENT FROM THE PAST. I'M NOT QUITE CLEAR ON THAT BUT SOME CLARIFICATION.

IT

WHICH IS I'D LIKE

NO,

-

RIGHT ON

PROBLEM ON

GOVERNOR:

I DON'T THINK THE HONOURABLE LADY IS THAT PARTICULAR POINT THOUGH I WILL IT'S THE FIRST TIME IT'S BREN RAISED WITH ME AND I WILL COME RACK TO HER IF THERE IS A THAT.

BUT THE ISSUE THAT ARISES IS A PERFECTLY SIMPLE ONE; FOR MANY YEARS, FOR TEN YEARS OR MORE, HONG KONG GOVERNMENT OFFICIALS HAVE BEEN MEMBERS OF THE BRITISH TEAM THAT NEGOTIATES ON MATTERS AFFECTING HONG KONG. ONE OF THE HONG KONG GOVERNMENT OFFICIALS TO WHOM THE HONOURABLE LADY HAS REFERRED, IS A MEMBER OF THE BRITISH TEAM FOR THE JOINT LIAISON GROUP. SO I'M NOT QUITE SURE SUDDENLY, THIS ISSUE HAS BEEN RAISED.

WHY,

/LET ME

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