CO537-1651 — Page 11

Paragraphs 44 and 45 of 69. Legislative Council.

Governor rècommends that no power of veto should be reserved to the Governor He points out that, apart from the fact that te actions would be liable to challenge in a court of law, it would always be possible for the Legislative Council to amend the Ordinance under which the Council would be constituted. Although only very exceptional circumstances would justify such a step it is a factor which would not be without influence. Since it has always been the intention that the establishment of a Municipal Council should be a bold step to provide a measure of local self-government, I think we should agree with the Governor's view (as expressed at X on page 22 of No. 69) that no overriding powers of veto should be reserved.

is

24. The Governor's final recommendation that the total membership of the Legislative Council should be reduced by two to 15 by the elimination of two or the nominated official members thus gives an unofficial majority. At the same time he proposes that the number of unofficial members recommended by the Governor for nomination should be reduced from 6 to 4 and that in substitution, the Municipal Council should nominate two unofficial members. The effect of these changes is shown below;

Official Members

7

Ex-officio

5

G.0.0.

Unofficial Members

8

Nominated by the Municipal

Colonial

Council

2

Secretary

11

"

Hong Kong

Attorney-

General Chamber

General

of Commerce

1

it

Secretary for

11

Unofficial

Chinese affairs

Justice of the

Financial

Peace

1

Secretary.

#1

"the Governor

4

2 others

nominated by

the Governor.

25. The Governor's casting vote would still enable any Government measure to be carried.

26. The present requirement is that of the 6 unofficials nominated directly by the Governor, 3 must be Chinese. No similar provision is suggested in the Governor's open despatch, but in his confidential despatch he implies (in para. 14 of No. 70) that the importance of ensuring a right proportion of Chinese members will be considered in connection with the 4 unofficial members nominated by the Governor. I would think that this position might be accepted,

and that it is unnecessary to make specific provision for Chinese representation in the instrument by which the present constitution of the Legislative Council is altered.

be

27. In view of the proposed transfer of responsibilities to the Municipal Council it seems logical that the Legislative body of the central government should reduced in size. I suggest that we may also agree to the proportion of 8 to 7 as regards unofficial and official members. The Governor refers to this broadening of the basis of the Legislative Council in the last paragraph of his confidential despatch and clearly regards it as desirable.

/28.