TNAG-1353-FCO40-1794-Constitutional-development-in-Hong-Kong-1985 — Page 96

4. The only other issue on the Letters Patent is a provision

necessarily consequential upon the proposed amendment to the Royal Instructions. If you would look at the new Article VI,

paragraph 3, of the draft Letters Patent you will see that

Elected Members hold their places and vacate their seats in

accordance with a law in force in the Colony. Consequent

upon the decision to dissolve the Legislative Council with

the result that Elected Members will vacate their seats (the

drafts already make slightly different provision for Appointed and Official Members and no consequential provision is

therefore necessary for them), it is necessary to make some

provision in the event that there has to be an emergency

sitting of the Legislative Council. Here I have followed

other cases which, provided that if there is a necessity for an emergency sitting in the gap between a session and new elections, the old Members carry on. This is a provision which is made, and needs to be made for completeness sake, in the Royal Instructions rather than in local law (though, of course, there is no harm in it being reflected in an Ordinance) and therefore

it is necessary to provide that the tenure of Elected Members

is provided for not only in the local law but also in the

Royal Instructions.

5.

The minimum necessary changes to the Royal Instructions involve the replacement of the current clause 8 (new clauses XXIA and XXIB). With regard to clause XXIA my main

purpose has been to get rid of the reference to October 1st

since this may have no relevance at all if there is a

dissolution in January.

However I have preserved the

substance of the rest of the 12 February draft and have added to it a provision from clause XXIB permitting the continuation

of business notwithstanding the termination of a session. You will also see that I have made like provision on dissolution of the Council, though I have put this passage in square brackets. Frankly I think it should be omitted since with a new Council with possibly new Elected Members, it is more sensible to start business again rather than

/continuing

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