TNAG-1284-FCO40-1636-Constitutional-development-in-Hong-Kong-1984 — Page 307

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(E) PRESIDENT OF THE LEGISLATIVE COUNCIL

19. THE PRESIDENT OF LEGISLATIVE COUNCIL IS NOW THE GOVERNOR BUT IT IS (NEXT WORD UNDERLINED) PROPOSED THAT HE SHOULD BE REPLACED BY A SPEAKER ELECTED BY LEGISLATIVE COUNCIL MEMBERS FROM AMONG THEMSELVES. THIS NOT ONLY FOLLOWS THE PATTERN OF CONSTITUTIONAL DEVELOPMENT IN OTHER FORMER BRITISH DEPENDENT TERRITORIES BUT ALSO EMPHASISES THE INDEPENDNECE OF THE LEGISLATIVE COUNCIL FROM THE EXECUTIVE. IN ORDER TO PROMOTE CONTINUITY, IT IS SUGGESTED THAT A SPEAKER BE INTRODUCED SOONER RATHER THAN LATER. EVENTUALLY THE SPEAKER SHOULD BE ELECTED IN A LEGISLATIVE COUNCIL ELECTION YEAR IMMEDIATELY AFTER ELECTIONS, BUT SINCE 1985 WILL SEE OTHER MAJOR CHANGES IN THE LEGISLATIVE COUNCIL IT IS SUGGESTED THAT THE FIRST SPEAKER BE ELECTED IN 1986 FOR TWO YEARS.

(F) POSSIBLE FUTURE DEVELOPMENTS

20. THE POSSIBLE SEQUENCES SUGGESTED IN PARAGRAPHS 12 AND 15 ABOVE ARE BASED UPON AN ELECTORAL CYCLE OF THREE YEARS, AND A CONSEQUENT TERM OF OFFICE OF THREE YEARS FOR UNOFFICIAL MEMBERS. SUCH A TERM OF OFFICE IS RELATIVELY SHORT, GIVEN THE IMPORTANCE OF AN ELEMENT OF CONTINUITY AND EXPERIENCE AMONG THE UNOFFICAL MEMBERS OF THE LEGISLATIVE COUNCIL. IN ORDER TO PERMIT THE PROGRESSIVE DEVELOPMENT OF THE SYSTEM WITHIN THE TIMESCALE ENVISAGED, IT IS CONSIDERED THAT A TERM OF OFFICE OF THREE YEARS FOR ELECTED MEMBERS WILL BE NECESSARY, AT LEAST UNTIL 1991. UNTIL THAT TIME, AN ELEMENT OF EXPERIENCE AND CONTINUITY AMONG THE UNOFFICIAL MEMBERS WILL BE PROVIDED BY THE RETENTION OF A NUMBER OF APPOINTED UNOFFICIALS: AND IN PRACTICE IT IS EXPECTED THAT MANY ELECTED MEMBERS WILL STAND FOR RE-ELECTION FOR MORE THAN ONE TERM. WHEN THE SYSTEM IS FULLY IN PLACE, SAY FROM 1994 ONWARDS, A CHANGE TO A TERM OF OFFICE OF 6 YEARS FOR ELECTED MEMBERS, WITH HALF THE UNOFFICIAL MEMBERS BEING ELECTED EVERY 3 YEARS, MIGHT BE CONSIDERED.

21. IF IT WERE DECIDED, LATER IN THE DECADE, TO MOVE FROM INDIRECT TO DIRECT ELECTIONS, A START WOULD HAVE TO BE MADE IN 1991 WITH DIRECT ELECTIONS REPLACING COLLEGIATE ELECTIONS IN THAT YEAR AND, IF THAT WAS SUCCESSFUL, REPLACING FUNCTIONAL ASSOCIATION ELECTIONS IN 1994. CONSTITUENCE IS WOULD BE THE SAME AS THOSE FOR REGIONAL COUNCILS.

EXECUTIVE COUNCIL

22. IT IS (NEXT WORD UDERLINED) PROPOSED THAT, BY 1991, THE MAJORITY OF UNOFFICIAL MEMBERS OF THE EXECUTIVE COACIL (SAY EIGHT OR NINE) SHOULD BE ELECTED BY THE LEGISLATIVE COUNCIL FROM AMONG THEIR NUMBER. IN ADDITION, IT IS (NEXT WORD UNDERLINED) PROPOSED THAT THERE SHOULD BE TWO RESERVED SEATS FOR APPOINTMENT

BY THE GOVERNOR IN ORDER TO ENSURE A BALANCED REPRESENTATION OF

INTERESTS ON THE COUNCIL. THERE SHOULD ALSO BE MEMBERS APPOINTED (NEXT WORD UNDERLINED) EX-OFFICIO FROM THE CIVIL SERVICE, 1.E. CS, FS, AG.

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