TNAG-1353-FCO40-1794-Constitutional-development-in-Hong-Kong-1985 — Page 59

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Replacement 4 Clause XVI of the principal Instructions is revoked and replaced by

the following-

of Clause XVI of the

principal

Instructions.

Replacement of Clause XVII of the principal

Instructions.

of Clause

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

XVI.-(1) If any Oficial 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 scat 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.".

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 be 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 oflence so specified; (c) that he has been sentenced to any punishment so

specified, whether in the Colony or elsewhere;

(d) on the ground of his bankruptcy or other ground

relating to indebtedness so specified;

(e) on the ground of his non-attendance at sittings of the

Council;

(f) that he has been elected as an Elected Member of the

Council,

the Governor shall declare in writing that the seat of such Appointed Member is vacant and, immediately on the publication of such declaration in the Hong Kong Govern- ment Gazette, he shall cease to be a Member of the Council.".

Amendment Clause XVIII of the principal lustructions is amended by inserting, immediately before the word "Member" where it appears in the first line, the words "Official or Appointed”.

XVIII of the

principal Instructions.

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