TNAG-0215-FCO40-251-Appointments-to-membership-of-Legislative-Council-of-Hong-Ko-1970 — Page 127

CONFIDENTIAL

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4. I WOULD THEREFORE NOW PROPOSE THAT WE SO APPOINT ALL THE

PRESENT LEGISLATIVE COUNCIL MEMBERS, SUBSTANTIVE AND PROVISIO

PROVISIONALLY WITH EFFECT FROM 1ST JULY, AS SUBSTANTIVE MEMBERS

RETURN HERE, THEY CAN ALSO BE PROVISIONALLY APPOINTED IF NECESSARY

OR SUBSTANTIVELY IF THAT IS BY THEN AGREED, IN PLACE OF THEIR SIT-

TING SUBSTITUTES.

5. WE CAN THUS SORT OUT THE SUBSTANTIVE MEMBERSHIP, PERIOD OF

APPOINTMENT, AND ANY OTHER QUESTIONS AT MORE LEISURE (ALTHOUGH

I WOULD NOT WANT THESE PROVISIONAL APPOINTMENTS TO LAST TOO LONG)

WE CAN AVOID SHORT SUBSTANTIVE APPOINTMENTS WHICH WOULD NOT

IN MY OPINION BE AT ALL DESIRABLE NOW THAT MY EXTENSION OF SERVICE

HAS BEEN ANNOUNCED.

6. THE MAIN OBJECTION TO THIS COURSE IS THAT IT WILL BE A LITTLE

PUZZLING BOTH TO MEMBERS AND THE PUBLIC, BUT IT IS EXPLAINABLE

IN TERMS OF SHORTNESS OF TIME. THIS PROPOSAL IS CHIEFLY MADE

HOWEVER BECAUSE, IF YOU CAN AGREE TO THE PRINCIPLE OF IT, IT PRO-

VIDES ME WITH A FALL-BACK POSITION WHICH WILL ENABLE ME TO PREVENT

THE SITUATION FROM DEVELOPING INTO ONE OF "CONFUSION, OF WHICH THERE

MAY BE A DANGER.

7.

UNFORTUNATELY THIS DEVICE WILL NOT WORK FOR THE UNOFFICIAL

MEMBERS OF EXECUTIVE COUNCIL, DUE TO A QUIRK IN ARTICLE 3 OF

THE ROYAL INSTRUCTIONS. THIS ARTICLE ONLY PERMITS PROVISIONAL

APPOINTMENTS IN SPECIFIED CIRCUMSTANCES WHICH DO NOT INCLUDE

A VACANCY CAUSED BY THE EXPIRATION OF A MEMBER'S TERM OF OFFICE

AS DOES ARTICLE 14 THIS ANOMOLY SHOULD BE CORRECTED IN DUE

/COURSE).

CONFIDENTIAL