TNAG-1439-FCO40-1923-Constitutional-development-in-Hong-Kong-1986 — Page 69

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A VOTE OF CONFIDENCE EITHER

(1) THERE WOULD BE A DISSOLUTION: OR

(BI) THE CONSULTATIVE COLLEGE COULD BE CALLED TO ADJUDICATE ON WHETHER THERE SHOULD BE A DISSOLUTION, OR THE CHIEF EXECUTIVE

CALLED ON TO RESIGN: OR BOTH.

PRESIDENCY OF THE LEGISLATURE

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. IF IT 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 POSSIBLITIES FOR THE TERM OF OFFICE OF THE CHIEF EXECUTIVE. THIS COULD:

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

(B) BE STAGGERED TO PROVIDE FOR THE SELECTION OF THE CHIEF EXECUTIVE AT A DATE DIFFERENT FROM THAT OF ELECTIONS TO THE

LEGISLATURE.

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