continuing it from a previous Council.
6.
New clause XXIB has had to be substantially rewritten.
Paragraph (1) gives the Governor power to dissolve the
Council at any time and provides that he dissolve it on the
third anniversary of its first sitting after an election.
Paragraph (2) provides that Elected Members shall vacate their
seats. Logically, everybody should vacate their seats, but
we already have distinction between ex officio and Official
Members, who continue their membership irrespective of what
happens to the Elected Members, and provisions that Appointed
Members shall only vacate their seats at the time of an
election.
I do not think it is necessary to fuss Hong
Kong with alterations to those provisions and therefore I have
confined the effect of dissolution to its effect on Elected
Members. It is here that I have added the provision for
Elected Members continuing to sit after a dissolution if there is an emergency sitting of the Council.
7.
Paragraphs 3 and 4 deal with the holding of elections.
paragraph 3 we make provision for elections in 1985 and within
three months of any subsequent dissolution of the Council.
Paragraph 4 provides for elections to fill Council vacancies.
8. I suggested to Mr Leeks that it might be sensible to
propose to Hong Kong that, if they had any comments on these
drafts, Mr Thomas might be invited to telephone me to discuss
them.
In the meanwhile the 12 February drafts have been
sent to the Government printer for proofs and we will amend
those proofs in accordance with the drafts attached to this
minute when we receive them.
Pal Affor
Paul Fifoot
Deputy Legal Adviser
3
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