TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 229

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THERE WAS A LENGTHY DISCUSSHION ON THE QUESTION OF THE

COMPOSITION OF THE LEGISLATURE AND IN PARTICULAR, THE POSITION OF GOVERNMENT OFFINCHIALS. SOME MEMBERS FELT STRONGLY THAT

GOVERNMENT OFFICIALS SHOULD CONTINUE TO BE FULL MEMBERS OF THE

LEGISLATURE AND THAT THEAR MEMBERSHIP SHOULD BE VALIDATED BY THE

GEC. THE POSSIMBINUNTY OF ELECTION BY OFFICE, RATHER THAN AD PERSONAM, WAS RAMSED BUT GENERALLY THOUGHT TO BE INCOMPATIBLE WITH THE

WORDING OF THE JOINT DECLARATHONGM OTHER MEMBERS WERE CONCERNED

THAT A SYSTEM OF VALINDATION OF MEMBERSHIP OF GOVERNMENT OFFICIALS WOULD SEEM TO BE STRETCHING THE TERMS OF THE J.D, AND MIGHT

THEREFORE BE UNACCEPTABLE TO PUBLIC OPINION. THEY ARGUED THAT T

WAS NOT HIN ANY CASE ESSENTINAL FOR OFFICIALS TO BE FULL VOTING

MEMBERS AS THEY COULD ATTEND MEETINGS OF THE LEGISLATURE TO ANSWER

QUESTIONS AND HINTRODUCE GOVERNMENT BUSINESS. AS MEMBERS' VIEWS WERE DIWVINDED ON THIS IMPORTANT (MSSUE}{ INT WAS AGREED THAT THE PAPER SHOULD BE REDRAFTED TO PRESENT THE ARGUMENTS FOR AND AGAINST- BOTH OPTIONS.

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MEMBERS ALSO CONSIDERED INT IMPORTANT FOR THE PAPER TO ADDRESS THE QUESTION OF WHETHER UNOFFICIAL MEMBERS OF THE LEGISLATURE SHOULD BE PERMITTED TO MOVE LEGISLATION WHICH WOULD HAVE FINANCIBAL OR POLICY IMPLICATIONS. NT WAS NOTED THAT UNDER EXPMSTHING STANDING ORDERS, BILLS WITH FINANCIAL IMPLICAT:HONS CANNOT BE MOVED WITHOUT THE PERMISSION OF THE GOVERNOR. IN ADDITION ̧¡ BY CONVENTION MAJOR POLICY PROPOSALS ARE ONLY *NTRODUCED FOLLOWING THE ADVANCE OF EXCO. WHILE THERE WAS CONCERN THAT THE BASIC LAW SHOULD NOT INTRODUCE CONSTRAINTS ON THE POWER OF THE LEGISLATURE OVER AND ABOVE THOSE IN THE J.D. ON BALANCE MEMBERS FELT THAT THE PAPER SHOULD MAKE CLEAR THE PRESENT POSITION AND SUGGEST THAT INT BE MAINTAINED.

2.

WE LOOK FORWARD TO RECEIVING YOUR DETAILED COMMENTS ON THE DRAFT PAPERS AS SOON AS POSIBLE SO THAT REDRAFTING CAN PROCEED.

OUR AIM IS TO PUT A REVISED DRAFT TO EXCO BY THE END OF THE WEEK FOR DISCUSSION ON 7 JULY.

WILSON

YYYY

HMLNAN 5107

HONG KONG AGREEMENT: RESTRICTED

LIMITED

HD/HKD

HD/FED

RESEARCH DEPT.(FE)

DEP/HD PUSD

COPIES TO:

MR FIFOOT, LEGAL ADVISERS

PS/LORD GLENARTHUR

PS/MR EGGAR

MR MCLAREN MR GILLMORE

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