TNAG-1289-FCO40-1641-Terminology-for-the-description-of-Hong-Kong-by-internationa-1984 — Page 33

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Articles 2 and 3: these are self-explanatory.

The Additional Instructions

Clause 2. If we do not repeat the basic legislative provision, we could confine this clause to suspension. It then fits in

conveniently in front of the clause relating to provisional

appointments.

Clause 4. I have combined the Hong Kong draft with the provision

for vacating seats by official members. Both official members (other than ex officio members) and unofficial members are appointed

and these provisions can, therefore, be conveniently taken together.

It seems logical to me also to extend the provision for

reappointment to official members as well as unofficial members so

long as they are "appropriately qualified".

Clause 5. There is no reason why the provisions set out in the

Hong Kong draft relating to elected members should not be part of

the elections ordinance. There is, however, a small problem with regard to what become s Clause XVII (1); should this paragraph apply to official members? It cannot do so in its entirety because,

presumably, one of the disqualifying factors would be holding office

under the Crown in the Colony and if we were to extend this

paragraph to all appointed members we would have to make that

exception at least.

However the most convenient approach might be to confine this

paragraph to unofficial members leaving the Governor to ensure that

official members no longer sit if they are guilty of the kind of

conduct which would disqualify an unofficial member. The same

considerations would apply to paragraph 2 in that the Governor can

ensure the attendance of his officials.

Clause 7. I think this is right; there will now be objective

disqualifying criteria and if a question arises in relation to those criteria it is appropriate that it should be decided in the same way

it would be decided in respect of an elected member.

Of course,

as

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