TNAG-1353-FCO40-1794-Constitutional-development-in-Hong-Kong-1985 — Page 15

Citation,

construction,

commence-

ment and saving.

Addition

of new

Clause XIIA

to principal Instructions.

ADDITIONAL INSTRUCTIONS To Our Governor and Commander- in-Chief in and over Our Colony of Hong Kong and its Dependencies or other Officer for the time being Administering the Government of Our said Colony and its Dependencies.

We do hereby direct and enjoin and declare Our Will and pleasure as follows:-

1.-(1) These Instructions may be cited as the Hong Kong Additional Instructions 1985 and shall be construed as one with the Hong Kong Royal Instructions of 1917 as amended (hereinafter called "the principal Instructions').

(2) The Hong Kong Royal Instructions 1917 to 1984 and these Instructions may be cited together as the Hong Kong Royal Instructions 1917 to 1985.

(3) These Instructions shall be published in the Hong Kong Government Gazette and, subject to paragrapĥ (4), shall come into operation upon the date of such publication.

(4) The Legislative Council of Hong Kong may make laws for giving effect to these Instructions and for the holding of elections prior to the appointed date to elect persons to be Elected Members of the said Legislative Council in accordance therewith but, until the appointed date, nothing in these Instructions or the said laws shall affect the membership or powers and privileges of the said Legislative Council as constituted under Our Letters Patent and the principal Instructions immediately before the date of the coming into operation of the Hong Kong Letters Patent 1985.

(5) In these Instructions "the appointed date" means such date as the said Governor shall appoint for the commencement of the session of the said Legislative Council commencing next after the current session thereof.

2. The principal Instructions are amended by adding, immediately after Clause XII, the following--

"Election to

Legislative

Council.

XIIA.-(1) An election for all Elected Members of the Legislative Council in accordance with a law in force in the Colony shall be held:--

(a) in 1985; and

(b) within three months after any subsequent dissolution

of the Council.

(2) Elections for casual vacancies among the Elected Members shall be held in accordance with a law in that behalf in force in the Colony.".

2

3. Clause XIII of the principal Instructions is revoked and replaced by Replacement the following-

of Clause XIII of the

"Legislative Council: Suspension

of Official or Appointed Members.

Instructions.

XIII. The Governor may upon sufficient cause to him principal appearing suspend from the exercise of his functions in the Legislative Council any Official or Appointed Member thereof pending the signification of Our pleasure, giving immediate notice to Us through one of Our Principal Secretaries of State. If the suspension is confirmed by Us through one of Our Principal Secretaries of State, the Governor shall forthwith by an instrument under the Public Seal of the Colony revoke the appointment of such Official or Appointed Member and thereupon his seat in the Legislative Council shall become vacant.".

4. Clause XIV of the principal Instructions is amended by inserting, Amendment immediately after the words "ex officio Member" where they appear in the second line, the words "or an Elected Member".

of Clause XIV of the principal Instructions.

5. Clause XVI of the principal Instructions is revoked and replaced by Replacement the following--

of Clause XVI of the "Tenure of office of Official and Appointed Members of Legislative Council.

XVI.—(1) If any Official Member of the Legislative principal

Instructions. Council ceases to hold office under the Crown in the Colony his seat in the Council shall thereupon become vacant.

(2) Every Appointed Member of the Legislative Council shall vacate his seat at the end of—

(a) such period as may be specified in the Instrument by

which he is appointed; or

(b) the day immediately before the commencement of the session of the Council commencing next after the holding of an election for all the Elected Members of the Council,

whichever first occurs.

(3) An Appointed Member who vacates his seat under paragraph (2) of this clause shall, if appropriately qualified, be eligible to be reappointed.".

6. Clause XVII of the principal Instructions is revoked and replaced by Replacement the following-

"Declaration

of vacancy among Appointed Members.

of Clause XVII of the

XVII. Without prejudice to clause XIII, if the office of principal any Appointed Member of the Legislative Council would Instructions. become vacant (directly or by reason of a disqualification for holding office) under a law in force in the Colony were he an Elected Member of the Council on any of the following grounds—

(a) that he holds any office specified in such law or has

been dismissed therefrom;

(b) that he has been convicted of any offence so specified;

3

Page 15Page 16