TNAG-1353-FCO40-1794-Constitutional-development-in-Hong-Kong-1985 — Page 18

Replacement

of Clause XIII of the principal Instructions.

Amendment of Clause

XIV of the principal Instructions.

Replacement of Clause XVI of the principal Instructions.

Replacement of Clause

XVII of the principal Instructions.

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

"Legislative Council: Suspension

of Official or Appointed Members.

XIII. The Governor may upon sufficient cause to him 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, immediately after the words “ex officio Member” where they appear in the second line, the words "or an Elected Member”.

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

"Tenure of office of Official and Appointed Members of Legislative Council.

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

"Declaration

of vacancy among Appointed Members.

XVII. Without prejudice to clause XIII, if the office of any Appointed Member of the Legislative Council would 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;

2