TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 181

B

24. AN ALTERNATIVE MIGHT BE TO PROVIDE THE CHIEF EXECUTIVE WITH THE

POWER TO DISSOLVE THE LEGISLATUPE, ON ONE OCCASION WITHIN HIS TERM OF OFFICE, WITHOUT BEING REQUIRED TO STEP DOWN HIMSELF AND SEEK RE-ELECTION. IN THE EVENT OF DISPUTE ARISING FOR A SECOND TIME BETWEEN THE CHIEF EXECUTIVE AND THE LEGISLATURE, THE CHIEF EXECUTIVE WOULD BE REQUIRED EITHER TO WITHDRAW THE POLICY OR PIECE OF LEGISLATION TO WHICH THE LEGISLATURE OBJECTED, OR TO STEP DOWN PENDING THE HOLDING BY THE GEC OF NEW ELECTIONS TO THE POST OF CHIEF EXECUTIVE. SUCH A SYSTEM WOULD PRESENT NO PROBLEMS IF THE TERM OF

OFFICE OF THE CHIEF EXECUTIVE WERE TO COINCIDE WITH THE TERM OF

OFFICE OF THE LEGISLATURE. IT WOULD BE LESS PRACTICABLE HOWEVER, IF

THE TERMS OF OFFICE OF SOME MEMBERS OF THE LEGISLATURE DID NOT

COINCIDE WITH THAT OF THE CHIEF EXECUTIVE. THIS POINT IS DISCUSSED

FURTHER IN PARAGRAPH 16 OF NOTE 3.2

4. AS REGARDS THE PAPER ON THE LEGISLATURE (REFERENCE MY TELNO 2732)

WE SUGGEST :

་

(A) PARAGRAPH 13(A): ADD THE WORDS **WHICH WOULD COINCIDE WITH THAT OF THE CHIEF EXECUTIVE (PARAGRAPH 11 OF NOTE 1 REFERS): '' AFTER THE WORDS !!

OR FOUR YEARS''.

(B) PARAGRAPH 15 TO END WITH THE WORDS

IF THIS SEEMED

APPROPRIATE.'' AND NEW PARAGRAPH 16 TO BE INSERTED AS FOLLOWS:

16 AS INDICATED IN PARAGRAPH 24 OF NOTE 1, SUCH A SYSTEM WOULD PRESENT PROBLEMS IN THE EVENT THAT THE LEGISLATURE HAD TO BE DISSOLVED AND FRESH ELECTIONS CALLED. UNDER SUCH CIRCUMSTANCES IT WOULD BE DESIRABLE, IN ORDER TO MAINTAIN THE SYNCHRONIZATION BETWEEN THE TERMS OF OFFICE OF THE VARIOUS GROUPS OF ELECTED MEMBERS, FOR THE INCOMING MEMBERS TO BE ELECTED FOR THE RESIDUE OF THE TERM OF OFFICE OF THE OUTGOING MEMBERS. DEPENDING ON THE DURATION OF THE UNEXPIRED TERM OF OFFICE THIS COULD OF COURSE RESULT IN CERTAIN GROUPS OF MEMBERS BEING REQUIRED TO SEEK RE-ELECTION FOR A FULL TERM OF OFFICE WITHIN A RELATIVELY SHORT TIME.''

5. AS REGARDS THE PONTS OF DETAIL IN YOUR SECOND TUR :

(A) PARAGRAPH 2(A) AND (B) : AGREED.

་ ་

་

OR OF THE

BETWEEN THE

(B) PARAGRAPH 3(A) : WE SUGGEST ADDING THE WORDS CHIEF EXECUTIVE BEING REMOVED FROM OFFICE (COMMA}

** AND ''FOR''. WE WONDER, IN THE WORDS CHIEF EXECUTIVE (COMMA) LIGHT OF YOUR VIEWS, WHETHER IT MIGHT BE DESIRABLE TO DELETE THE SECOND SENTENCE OF PARAGRAPH 12 TO MAKE IT MORE CONSISTENT WITH PARAGRAPHS 13-14 OF NOTE 3. IF SO, IT WOULD NOT SEEM NECESSARY TO

SPLIT PARAGRAPH 12.

(C) PARAGRAPH 3(B): WE PREFER YOUR SECOND FORMULATION

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