TNAG-1353-FCO40-1794-Constitutional-development-in-Hong-Kong-1985 — Page 86

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Apart from anything else the whole thing is much too detailed

to be put in Royal Instructions. I told Mr O'Grady this.

Anything that can be done that they want to do in accordance

with Mr O'Grady's clause can be done under the equivalent clause

in telno 327. I do understand, however, the presentational

point about the three year norm and I undertook to think further

about this and try to send Hong Kong a further draft this

Further evening. I attach at Flag A a new draft.3.what I have done

is to distribute the new clauses XXIA and XXIB rather more

widely amongst the present Royal Instructions, putting the

provision for elections up front in a new clause XIIA, leaving

the provisions for sessions in a clause XXIA and putting the

provisions for dissolution in a new clause XXVIIIA.//4.Clause XIIA

deals with a "general election" and casual vacancies. No

point arises on the latter. I have provided for a general

election in 1985. There is no need to provide a date for

this in the Royal Instructions. For the future I have set

out alternatives. Alternative one is the more usual

Pa

provision; it is simpler and obviates having to deal with

the consequences of a premature dissolution of the Legislative

Council. Alternative two would provide for the "norm" of

triennual elections the reference to ninety days is to ensure

that the electoral date does not creep forward each year.

This provision however would have to be subject to a

qualification were there to be a 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.

5. 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.

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