TNAG-0002-FCO40-38-Appointments-to-the-Legislative-Council-of-Hong-Kong-1968 — Page 86

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Mr. Davis.

1.

Definitive appointments of Members of the Legislative

Council.

(a) I agree with paragraph 2 of your minute of 7th May.

(b) As regards paragraph 3, it seems to me that the question

of retrospectivity would no arise, since the appointment

could be made only after the Governor had received Her

Majesty's Instructions. I assume that he would notify his

proposed appointments well in advance of the date at which

they would take effect.

2.

Provisional and temporary appointments of Members of the

Legislative Council.

(a) In my minute of 25/4/68, I outlined the history of clause

XIV of the Royal Instructions as it now stands. Under

clauses XIV and XV of the Royal Instructions of 1917 the

Governor was empowered provisionally to appoint some person

to be temporarily an Official Member, or an Unofficial

Member, as the case right be, of the Legislative Council, in

the place of such a Member whose seat was vacant.

presumably, accounts for the occurrence of the word

"temporarily" in the form initially adopted, and, subsequently,

and in relation to provisional appointments of Unofficial

Members.

This,

There have been, however, a few exceptions:

see,

for instance, (9) and (24) on FED 99/400/02 (1966-1968)

attached, and (7) and (16) on this file. In the case of

provisional appointments of Official Members, the word

"temporarily" appears to have been omitted.

(b)

Be that as it may, under clause XIV in its present form

the Governor may appoint some person to be provisionally a

Member of the Council in the place of a Member (other than an

ex-officio Member) whose seat in the Council has to be filled;

his power no longer is to appoint provisionally some person to

be temporarily a Member to fill a vacant seat in the Council.

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