TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 156

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3 -

1986, it would

handed over in October

probably not be desirable for the Basic Law to attempt to prescribe the exact number of members to be elected in each category, or

to set an absolute limit on the total size of the legislature, although it might lay down the minimum and/or maximum proportion of seats to be filled by each group. Such an approach would allow flexibility for further adjustment to the composition of the legislature, during the 50 years following 1997, if changing circumstances rendered this appropriate.

The future role of government officials

9.

Paragraphs 13 and 14 of Note 2 in this series referred to the important role played by government officials in the workings of the legislature, and to the need to consider how this can be maintained. There would seem to be two possible ways in which this might be achieved:

10.

(a)

(b)

in line with the suggestion in paragraph 10 of Note 1, key senior officials could be included in the list of candidates nominated by the Chief Executive for election to the legislature by the "grand electoral college" (if this system of election were to be introduced); or

government

business,

senior officials could be in regular attendance at meetings of the legislature to introduce

make statements and answer questions, but would no longer be members of the legislature and would no longer therefore be able to vote.

The advantages of option (a) would be that government officials would, as now, be full members of the legislature. They could take the lead in introducing government business and would have the right to play a full part in all aspects of proceedings. Such a system might be criticised, however, as being inappropriate as a

a procedure in which government officials should participate. The need to submit themselves for election by the GEC might lead to government officials becoming increasingly drawn into the political sphere. Further, if particular officials failed to be elected by the GEC, it would undermine both their status in the Administration and the efficient working of the legislature.

/cont'd.

G.F. 316

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