TNAG-1289-FCO40-1641-Terminology-for-the-description-of-Hong-Kong-by-internationa-1984 — Page 60

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(a) to have the full detail in the Royal

Instructions would render them ill- balanced in respect of both language and content and, unless the detail was duplicated in the ordinance, would render the ordinance incomplete as a self-contained code; and

(b) to summarise the provisions of the

ordinance in the Royal Instructions would run the risk of conflict.

In the new sub-paragraph (2) proposed for insertion in Clause XVIII of the Royal Instructions, we have also included a prohibition on the resignation of an elected member whilst proceedings are pending against him for a corrupt or illegal election practice. This has been placed in square brackets because, although we understand that it appeared in the constitutional instruments of a number of former depen- dent territories, we are not clear about the rationale for the provision nor whether it is strictly necessary. You may consider that it should be omitted.

The drafting of our electoral legislation

(the Legislative Council (Electoral Provisions) Bill) is proceeding apace, and we are aiming at its introduction ito the Legislative Council in early February for enact- ment by mid-March next year. Thereafter, we plan immediately to start compiling the functional constituency electoral rolls with a view to holding the elections on

(tentatively) 19 September 1985.

We suggest that the amendments to Letters Patent and Royal Instructions should be made before the enactment of the ordinance in mid-March 1985, but with an operative date of 1 November 1985. This will avoid interfering with the existing composition of the Council and will enable the new Council to be constituted on that date, which will be the date of the commencement of the 1985/86 session.

We assume this proposal will work on the basis that the authority to conduct the elections, etc, will come from the ordinance and, once elected, Members will take their seats in the newly constituted Council on 1 November 1985.

As you will see, the time-table is extremely tight and I should be grateful, therefore, for your urgent consideration of, and comments on, the draft and our proposals as soon as possible.

شمال

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(Philip Haddon-Cave)

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