TNAG-1284-FCO40-1636-Constitutional-development-in-Hong-Kong-1984 — Page 84

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VIII. (1) The Governor shall, so far as is practicable, preside Presiding in at meetings of the Executive Council.

(2) In the absence of the Governor there shall preside at any meeting of the Council-

(a) such Member of the Council as the Governor may appoint; or (b) in the absence of a Member so appointed, the senior ex officio

Member present; or

(c) in the absence of a Member so appointed or of an ex officio

Member, the senior Official Member present.

(3) For the purposes of sub-paragraphs (b) and (c) of paragraph (2) of this clause-

(a) the Commander British Forces shall not be regarded as an

ex officio Member of the Council;

(b) the remaining ex officio Members of the Council shall have seniority in the order in which their offices are mentioned in clause II of these Instructions; and

(c)

the Official Members of the Council shall have seniority according to the priority of their respective appointments to the Council:

Provided that Members appointed by the same Instrument shall have seniority among themselves according to the order in which they are named therein.

Executive Council. (Amended on 1.3.55. 17.11.67.)

IX. (1) No business except that of adjournment shall be trans- Proceedings acted in the Executive Council if objection is taken by any Member in Executive present that there are less than four Members present besides the Governor or the Member presiding.

(2) Subject to the provisions of paragraph (1) of this clause, the Executive Council shall not be disqualified for the transaction of business by reason of any vacancy in the membership of the Council, and any proceedings in the Council shall be valid notwithstanding that some person who was not entitled to do so took part in those proceedings.

(3) The Governor or the Member presiding, when in his opinion the business before the Executive Council makes it desirable, may summon any person to a meeting of the Council, notwithstanding that that person is not a Member of the Council.

Council.

(Amended on 17.11.67.)

Executive

X. In the execution of the powers and authorities granted to the Governor Governor by Our said recited Letters Patent, he shall in all cases to consult consult with the Executive Council, excepting only in cases relating Council. o the appointment, disciplinary control or removal from office of a (Amended on ublic officer or in cases which may be of such a nature that, in his 28.2.69.) udgment, Our service would sustain material prejudice by consulting he Council thereupon, or when the matters to be decided shall be