TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 220

ASSUMING THE TERM OF OFFICE OF MEMBERS OF THE LEGISLATURE WAS ↳ YEARS, AN APPROPRIATE ARRANGEMENT MIGHT BE FOR THE CHIEF EXECUTIVE AND GEC MEMBERS TO BE ELECTED IN YEAR 1, AND THE FUNCTIONAL CONSTANTUENCY AND GEOGRAPHICAL CONSTITUENCY MEMBERS TWO YEARS LATER.

THE QUESTION OF THE TERM OF OFFICE OF THE CHIEF EXECUTIVE AND HTS RELATIONSHIP TO MEMBERS ELECTED BY THE GEC S DISCUSSED N PARAGRAPHS 8-12 OF THE REVISED DRAFT. PARAGRAPH 12 ALSO SUGGESTS THAT A 4-YEAR TERM MIGHT BE APPROPRIATE.

THE QUESTION OF WHETHER THE LEGISLATURE SHOULD HAVE A FIXED TERM OR WHETHER ELECTRONS SHOULD BE STAGGERED MS DISCUSSED AT PARAGRAPHS 12-15 OF THE REVISED DRAFT NOTE 3.

AN RECOMMENDING THE ABOVE SYSTEM EXCO MEMBERS RECOGNISED THAT

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AT MIGHT BE DIFFICULT TO ''SELL' THE CONCEPT OF THE GEC IN HONG KONG, PARTICULARLY IF AT APPEARED TO BE A DEVICE FOR RUBBER-STAMPING THE ELECTION OF A CHIEF EXECUTIVE'S ''PARTY''. WOULD THUS BE IMPORTANT FOR IT TO BE A TRULY REPRESENTATIVE BODY AND FOR THE ELECTORAL PROCESS TO INVOLVE A GENUINE CHOICE BETWEEN CAND #DATES (.E. MORE CANDIDATES MUST BE PRESENTED FOR ELECTION THAN THE NUMBER OF SEATS AVAILABLE)

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EXCO THOUGHT THAT WE SHOULD DISTINGUISH MORE CLEARLY BETWEEN THE POWERS OF THE GOVERNOR AS GOVERNOR, AND HIS POWERS AS PRES-DENT OF THE LEGISLATURE. WE HAVE THUS DECIDED AGAINST COMBINING ITEMS (D), (E) AND (F) OF (NEW) PARAGRAPH 17 AND HAVE INCLUDED A NEW PARAGRAPH (PARAGRAPH 18) LASTING HIS POWERS AS

PRES-WDENT.

K)

EXCO NOTED YOUR VIEW BUT CONSIDERED THAT THE FINAL SENTENCE OF (NEW) PARAGRAPH 20 SHOULD BE RETAINED IN ORDER TO PROVIDE A BALANCE TO THE CHIEF EXECUTAVE'S POWER TO RETURN BILLS, AND IN ORDER TO ADEQUATELY REFLECT THE PROVISION AT JD 55.

M) WHILE NOTHING YOUR COMMENT EXCO CONSIDERED THAT THE 3RD AND 4TH SENTENCES OF (NEW) PARAGRAPH 23 SHOULD BE RETAINED IN ORDER TO GIVE A SUFFICIENTLY CLEAR INDICATION OF HOW A SITUATION OF DEADLOCK

BETWEEN THE CHIEF EXECUTIVE AND THE LEGISLATURE MIGHT BE RESOLVED.

01 EXCO AGREED THAT THERE WOULD BE ADVANTAGE IN INCLUDING THE NDEA THAT A NEW CHIEF EXECUTIVE SHOULD CONTINUE FOR THE RES:IDUE OF

HIS PREDECESSOR'S TERM OF OFFICE OF THIS HAS NOT BEEN COMPLETED. THIS THOUGHT IS NOW INCLUDED IN (NEW) PARAGRAPH 12 AS IS A REFERENCE

TO THE NEED TO PROVIDE FOR THE APPOINTMENT OF A DEPUTY OR ACTING

CHIEF EXECUTIVE.

P)

EXCO WERE NOT IN FAVOUR OF INCLUDING A SEPARATE REFERENCE

TO THE QUESTION OF IMPEACHMENT. THEY CONSIDERED THAT THE FORMULA IN (NEW) PARAGRAPH 25, WHICH REFERS TO THE POSSIBILITY OF THE CHIEF EXECUTIVE BEING DISMISSED AT THE REQUEST OF THE SAR LEGISLATURE

ADEQUATELY COVERED THE POINT.

3 SECRET

/FINAL

PART