TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 157

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11.

Option (b) would avoid the potential disadvantages of option (a), but would still enable government officials to participate, on a regular basis, in the workings of the legislature and to assist in ensuring the efficient conduct of government business. The disadvantages of such a system would be that, if government officials were not full members of the legislature, their status in its proceedings might be diminished. There might also be criticism that the regular participation of non-members, in the process of enactment of legislation, was not consistent with the terms of the Joint Declaration that the legislature shall be constituted by elections.

Term of office

12.

The present term of office of the Legislative Council is three years.

However, the public is being consulted, in the context of the 1987 Review, on whether the terms of office of the District Boards, Municipal Councils and Legislative Council should be changed to say, four years.

13.

Paragraph 13 of Note 1 suggested that it might be preferable for the

for the terms of office of the Chief Executive and the legislature to be of roughly equal duration. Paragraph 14 further suggested that a term of office of four years, for the Chief Executive, might be reasonable and would not imply a significant increase in the length of the term of the legislature.

The Presidency of the legislature

14.

Paper II of May 1986 concluded that it might not be appropriate for the Chief Executive the head of the executive authorities - to preside over the legislature.

If it were concluded that the Chief Executive should not be the President of the legislature, the options would seem to be for him to be replaced by either :

(a)

(b)

a member of the legislature, or other person, nominated by the Chief Executive and endorsed by members of the legislature; or

a member of the legislature elected by his

peers.

/cont'd.

G.F. 316

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