TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 199

11.

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OPTION (B) WOULD AVOND 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 MF GOVERNMENT OFFICIALS WERE NOT FULL MEMBERS OF THE LEGISLATURE, THEIR STATUS N NITS PROCEEDINGS MIGHT BE DIMINISHED. THERE MIGHT ALSO BE CRIT÷C>SM THAT THE REGULAR PARTICIPATION OF NON-MEMBERS IN THE WORKINGS OF THE LEGISLATURE WAS NOT CONSISTENT WATH THE TERMS OF THE JOINT

DECLARATHON.

TERM OF OFFICE

12.

THE PRESENT TERM OF OFFICE OF THE LEGISLATIVE COUNCIL IS THREE YEARS. PARAGRAPHS 8-12 OF NOTE 1 SUGGESTED THAT IT MIGHT BE ADVANTAGEOUS FOR THE TERMS OF OFFICE OF THE CHIEF EXECUTIVE AND MEMBERS OF THE LEGISLATURE TO BE OF EQUAL DURATION ALTHOUGH THEY NEED NOT ALL NECESSARILY CONCHIDE EXACTLY.

13. THE OPTIONS WOULD SEEM TO BE :

:

(A) FOR THE LEGISLATURE TO CONTINUE, AS NOW, TO HAVE A FIXED TERM OF OFFICE OF ENTHER THREE OR FOUR YEARS: OR

(B) FOR THE LEGISLATURE NOT TO HAVE A FIXED TERM BUT, INSTEAD, TO BE IN CONTINUOUS SESSION WITH ELECTIONS OF DIFFERENT GROUPS OF MEMBERS BEING HELD AT DIFFERENT TIMES.

14.

THE ADVANTAGES OF OPTION (A) ARE THAT THERE WOULD BE A SINGLE SET OF ELECT-MONS TO THE LEGISLATURE ONCE EVERY THREE OR FOUR YEARS, AND THE CHIEF EXECUTIVE WOULD WORK WITH THE SAME BODY OF MEMBERS THROUGHOUT HIS TERM OF OFFICE. THE DISADVANTAGES ARE THAT. THERE WOULD BE A COMPLETE BREAK IN THE CONTINUITY OF GOVERNMENT, EVERY FEW YEARS, WITH BOTH THE CHIEF EXECUTIVE AND MEMBERS OF THE LEGISLATURE LEAVING OFFICE AT THE SAME TIME. WHALE THIS COULD BE AVOIDED BY, FOR EXAMPLE, EXTENDING THE TERM OF OFFICE OF THE CHIEF EXECUTIVE, THERE WOULD THEN BE THE PROBLEM THAT HAS TERM OF OFFICE WAS NO LONGER SYNCHRONSIMED WHITH THAT OF THE MEMBERS NOMINATED BY HIM FOR ELECTION BY THE GEC (PARAGRAPH 10 OF NOTE 1 REFERS) AND ON WHOM HE WAS RELYING FOR SUPPORT IN THE LEGISLATURE.

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15. THE ADVANTAGE OF OPT NON (B) IS THAT MT WOULD TEND TO FOSTER STABILITY AND CONTINUITY OF GOVERNMENT. FOR EXAMPLE, IF THE LEGISLATURE WERE COMPOSED OF THREE GROUPS OF MEMBERS, AS SUGGESTED AN PARAGRAPH 4 ABOVE, THE ELECTIONS OF THE VARIOUS GROUPS MIGHT BE

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