TNAG-0002-FCO40-38-Appointments-to-the-Legislative-Council-of-Hong-Kong-1968 — Page 94

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Reference....

will

Note: A. I. of 1928 were superseder.

Mr. Davis

The point raised in the two preceding minutes is, in my

The appointment of a person to

opinion, one of some nicety.

be provisionally a Member of the Legislative Council in the place a Member (other than an ex-officio Member) whose seat in the

Council has become vacant for one or other of the reasons

specified in the clause is governed by Clause XIV of the Hong

Kong Royal Instructions in the form it now stands after under-

going changes in 1928 (dditional Instructions of 15 November

1928) and in 1938 (Additional Instructions of 30 April 1930).

2. The first paragraph of the clause in its present form

empowers the Governor to 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.

The second paragraph provides that "such person shall hold his

place in the Council during Our pleasure and shall forthwith

cease to be a Member of the Council if his appointment is disallowed

dissolved by Us, or revoked by the Governor.

#

The last paragraph runs as follows: "The Governor shall, without

delay, report to Us through one of our Principal Secretaries of

State, every provisional appointment of any person as a Member

of the Legislative Council."

3. This last paragraph appeared as follows in its prede-

cessors:-

(a) In clause XIV of the Instructions in their original

form (Instructions of 14 February 1917), which was concerned

only with provisional appointments in place of Official

Members

"The Governor shall, without delay, report to Us, for

Our confirmation or disallowance, through one of our

Principal Secretaries of State, every provisional

appointment of any person as an Official Member of the

Legislative Council:

/ (b)