TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 140

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28. SOME PROVISION WILL NEED TO BE MADE FOR THE PRESIDENCY OF THE LEGISLATURE. GIVEN THE POWERS AND DUTIES OF THE CHIEF EXECUTIVE UNDER THE JOINT DECLARATION, AND THE FACT THAT HE AND THE EXECUTIVE AUTHORITIES ARE TO BE ACCOUNTABLE TO THE LEGISLATURE IT WOULD NOT BE APPROPRIATE FOR HIM TO PRESIDE OVER IT. AS PRESIDENT HE COULD NOT INTERVENE IN THE PROCEEDINGS OF THE LEGISLATURE. PROVISION MIGHT THEREFORE BE MADE FOR THE LEGISLATURE TO SELECT SOMEONE FROM AMONG ITS OWN MEMBERS TO PRESIDE OVER ITS PROCEEDINGS. OF T WERE DECIDED, IN THE CONTEXT OF THE 1987 REVIEW (SEE PAPER NO. 2), THAT THE GOVERNOR SHOULD CEASE TO PRESIDE OVER THE LEGISLATIVE COUNCIL NO PROBLEM OF CONVERGENCE WOULD THEN ARISE.

TERMS OF OFFICE

29. THE TERMS OF OFFICE OF THE CHIEF EXECUTIVE, MEMBERS OF THE EXECUTIVE, AND OF THE LEGISLATURE WOULD NEED TO BE SPECIFIED. THERE COULD BE A CASE FOR EXTENDING THE PRESENT TERM OF OFFICE OF THE LEGISLATIVE COUNCIL FROM 3 TO 5 YEARS.

30. THERE ARE TWO POSSIBILITIES FOR THE TERM OF OFFICE OF THE CHIEF EXECUTIVE. THIS COULD:

(A) COINCIDE WITH THE TERM OF THE OFFICE OF THE LEGISLATURE

SEMICOLON OR

(B) BE STAGGERED TO PROVIDE FOR THE SELECTION OF THE CHIEF

EXECUTIVE AT A DATE DIFFERENT FROM THAT OF ELECTIONS TO THE

LEGISLATURE.

YOUDE

HONG KONG AGREEMENT

LIMITED

HD/HKD

HD/FED

HD/PLANNING STAFF

DEP HD/PUSD

HD/PUSD

RD (MR WALKER)

COPIES TO:- MR ROBERTS

MR FIFOOT

MR WOOD

MR PEIRCE

MR MALLABY

NEWS DEPT LEGAL ADVISERS

LEGAL ADVISERS

ASSESSMENTS STAFF CABINET OFFIC

CABINET OFFICE

MR DRC CHRISTOPHER CABINET OFFICE SIR P CRADOCK NO 10 DOWNING STREET

PS

PS/LADY YOUNG

PS/MR RENTON

PS/PUS

SIR W HARDING

SIR J FREELAND

MR WILSON MR CROWLEY

PUSD

-7-

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