TNAG-0002-FCO40-38-Appointments-to-the-Legislative-Council-of-Hong-Kong-1968 — Page 95

(b) In clause XV of the same Instructions, which dealt only

with provisional appointments in place of Unofficial Members

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

confirmation or disallowance, to be signified through one of

our Principal Secretaries of State, every provisional

appointment of any person as an Unofficial Member of the

Legislative Council."

(c) In clause XIV of the Instructions, in the form in which

it appeared in the Additional Instruction of 15 November 1928,

and in which were merged the provisions of clauses XIV and XV

of the Instructions of 1917, so that the new clause XIV dealt

with provisional appointments in place of Official and

Unofficial 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 or Unofficial

Member of the Legislative Council."

Clauses XIV and XV of the Instructions of 1917, and clause XIV

in the form in which it appeared in the Additional Instructions of

1928 also contain a provision to the effect that every person

provisionally appointed as a Member of the Legislative Council

under those clauses should forthwith cease to be a Member of the

Council if his appointment was disallowed "by Us".

5.

It will be seen that the words "for Our confirmation or

disallowance" which occurred in the predecessors of the last

paragraph of the present clause XIV of the Instructions have been

omitted from the latter. I understand that the point raised is

whether the effect of this omission is that signification

of Her Majesty's "confirmation" of those provisional appointments

is no longer required.

6.

In the light of the history of that provision, which I have

attempted to describe above, I think that, in strictness,

signification of Her Majesty's "confirmation" of such appointments

/ is