XN000022-1990-07-11 — Page 26

WEDNESDAY, JULY 11, 1990

"THE

LEGAL

+

24

HAVE

PROFESSION

ARGUED

REQUIREMENT FOR UNANIMITY IS TO BE MODIFIED,

THAT IF THE PRESENT BE MODIFIED IT SHOULD

MORE

ONLY TO THE EXTENT OF ALLOWING RESOLUTIONS TO BE PASSED WITH NOT THAN ONE DISSENTING VOTE.

"THAT SIMPLY

NOT GO FAR ENOUGH TOWARDS DOES MOVING AWAY FROM THE PRESENT REQUIREMENT FOR UNANIMITY,

THE OBJECT OF

BE "INDEED, GIVEN THAT THE MEMBERSHIP OF THE COMMISSION IS TO

ΤΟ NINE

HARDLY ANY IT IS MEMBERS, SIX MEMBERS FROM EXPANDED IMPROVEMENT ON THE PRESENT SITUATION," SIR DAVID SAID.

PROVIDED

THE BILL WOULD ENABLE THE COMMISSION TO TENDER ADVICE

AND THUS, IF ALL THAT THERE WERE NO MORE THAN TWO DISSENTING VOTES NINE MEMBERS OF THE COMMISSION WERE PRESENT, SEVEN WOULD HAVE TO AGREE BEFORE A RESOLUTION COULD BE EFFECTIVE.

THIS LIMITED

MOVE

IT

AWAY FROM UNANIMOUS VOTING TOWARDS SUBSTANTIAL MAJORITY VOTING WAS SOMETHING WHICH WAS NEEDED NOW AND WOULD BE EVEN MORE NECESSARY IN THE FUTURE, HE SAID.

AT PRESENT THE COMMISSION ADVISED THE GOVERNOR, WHO BOUND IN LAW TO ACCEPT ITS ADVICE.

"IN FUTURE THE GOVERNOR, OR AFTER 1997 THE WILL BE BOUND TO ACCEPT THE COMMISSION'S ADVICE.

WAS NOT

CHIEF EXECUTIVE,

JUDGES OF

"THAT IS BECAUSE THE JOINT DECLARATION PROVIDES THAT

OF THE THE HKSAR COURTS SHALL BE APPOINTED BY THE CHIEF EXECUTIVE

INDEPENDENT HKSAR ACTING IN ACCORDANCE WITH THE RECOMMENDATION OF AN COMMISSION COMPOSED OF LOCAL JUDGES, PERSONS FROM THE LEGAL PROFESSION AND OTHER EMINENT PERSONS',"SIR DAVID SAID.

THAT PROVISION WAS NOW REFLECTED IN THE BASIC LAW, HE ADDED.

THE CHIEF SECRETARY SAID AN EXTREMELY DIFFICULT SITUATION COULD ARISE IF THE COMMISSION WERE UNABLE TO PASS EFFECTIVE RESOLUTIONS.

TO ADOPT THE "8 OUT OF 9" VOTING FORMULA INSTEAD OF THE FORMULA OF THAT EXTREMELY PROPOSED

THE BILL WOULD INCREASE THE CHANCES IN DIFFICULT SITUATION ARISING, HE REMARKED.

IN THE BILL "IT IS OUR JUDGEMENT THAT THE FORMULA PROPOSED

THE UNANIMITY RULE, MEETS OUR TWIN OBJECTIVES OF MOVING AWAY FROM

| SIR DAVID WHILST RETAINING THE REQUIREMENT OF A SUBSTANTIAL MAJORITY, SAID.

DAVID

OPPOSED LATER, IN THE BILL'S COMMITTEE STAGE, SIR

SAYING THAT AMENDMENT MOTION MOVED BY THE HON RONALD ARCULLI,

ARCULLI, FURTHER AMENDMENTS TO CLAUSES 2 (D) AND 2(E) MOVED BY MR ACCEPTED, WOULD MEAN THAT RESOLUTIONS OF THE COMMISSION COULD ONLY PASSED IF THERE WERE NOT MORE THAN ONE DISSENTING VOTE.

AN

THE

IF

BE

HAD ADMINISTRATION

MOVED AWAY FROM ITS SIR DAVID SAID THE

PRESENT ORIGINAL POSITION IN THE BILL OF A TWO-THIRDS MAJORITY TO ITS

WE'VE HAD NO FLEXIBILITY, HE POSITION. "IT'S NOT TO SUGGEST THAT SAID.

**

/THE ADMINISTRATION