TNAG-1353-FCO40-1794-Constitutional-development-in-Hong-Kong-1985 — Page 83

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

1093 - 1

PREMATURE DISSOLUTION. I HAVE TUCKED THIS QUALIFICATION AWAY IN CLAUSE XXVIIIA. AGAIN THERE IS NO NEED, AND INDEED IT MIGHT BE DANGEROUS, TO INCLUDE A REFERENCE TO 1 OCTOBER.

NEW CLAUSE XXIA DEALS WITH SESSIONS AND EXTRA-SESSIONAL SITTINGS. I HAVE NOT DEALT WITH SESSIONAL SITTINGS AS MR O'GRADY TELLS ME THAT THAT IS A MATTER FOR THE LEGISLATIVE COUNCIL. AS WITH THE

DRAFT IN TELNO 327, THIS CLAUSE WOULD ENABLE HONG KONG TO ESTABLISH A PATTERN OF HOLDING ONE SESSION A YEAR. IT WOULD ALSO AVOID THE COMPLICATIONS WHICH ARE CERTAINLY NOT A MATTER FOR ROYAL INSTRUCTIONS, SET OUT IN PARAGRAPH (3) OF MR O'GRADY'S DRAFT.

NEW CLAUSE XXVIIIA DEALS WITH DISSOLUTION. MR O'GRADY'S DRAFT INCLUDED THE MAIN PROVISION OF PARAGRAPH (1) OF THIS CLAUSE, BUT THE PROVISO DOES OF COURSE FOLLOW. IF WE ADOPT ALTERNATIVE TWO FOR CLAUSE XIIA THEN THE PARAGRAPH (2) IN SQUARE BRACKETS IS NECESSARY IN THIS CLAUSE. PARAGRAPH (3) DEALS WITH THE PROBLEM OF AN EMERGENCY SITTING BETWEEN A DISSOLUTION AND AN ELECTION.

MR O'GRADY ACCEPTED THAT SUCH A PROVISION WAS A NECESSARY 'FAIL

SAFE' SOLUTION.

ENDS.

3. WE HOPE THAT YOU WILL FIND THESE DRAFTS HELPFUL. GRATEFUL IF YOU

WOULD TELEPHONE ANY COMMENTS DIRECT TO FIFOOT ON THE MORNING OF 1

MARCH.

HOWE

NNNN

DISTRIBUTION

LIMITED

HKD

MR WILSON

COPIES TO

MR FIFOOT. LEGAL ADVISERS

2

CONFIDENTIAL

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