TNAG-1596-FCO40-2181-Constitutional-development-in-Hong-Kong-1988 — Page 98

13. ON BALANCE, THEREFORE, T MAY BE PREFERABLE FOR THE TERM OF OFFICE OF THE LEGISLATURE TO COLNCHIDE WITH THAT OF THE CHIEF EXECUTIVE, AND FOR ALL MEMBERS OF THE LEGISLATURE TO ENTER AND LEAVE OFFICE AT THE SAME TIME. TO ENSURE THAT THERE WAS NO BREAK IN THE CONTINUITY OF GOVERNMENT, THE ELECTION OF THE CHIEF EXECUTIVE WOULD NEED TO TAKE PLACE SHORTLY BEFORE HIS PREDECESSOR IS DUE TO LEAVE OFFICE.

14. A TERM OF OFFICE SAY, 4 YEARS FOR THE CHIEF EXECUTIVE, WOULD PROVIDE FOR REASONABLE STABILITY AND CONTENURTY WITHOUT IMPLYING A SIGNIFICANT EXTENSION TO THE TERM OF OFFICE OF MEMBERS OF THE LEGISLATURE. THE BASIC LAW MIGHT PROVIDE FOR THE CHIEF EXECUTIVE TO BE ELECTED FOR A FURTHER TERM OF OFFICE. HT WOULD ALSO NEED TO PROVINDE, IN THE EVENT OF THE TEMPORARY ABSENCE, INCAPACITY OR SUDDEN DEATH OF THE CHIEF EXECUTANE OR OF THE CHIEF EXECUTIVE BENING REMOVED FROM OFFICE, FOR THE APPOINTMENT OF A DEPUTY OR ACTING CHIEF EXECUTIVE. F FOR WHATEVER REASON, THE CHIEF EXECUTIVE WERE UNABLE TO COMPLETE HIS FULL TERM, IT MIGHT BE PREFERABLE FOR HIS AMMED NATE SUCCESSOR TO COMPLETE THE RESIDUE OF THE REMAINING TERM OF OFFICE BEFORE SEEKING ELECTION FOR A NEW TERM OF HIS OWN.' "

(C) REPLACE THE EXISTING PARAGRAPHS 23 AND 24 BY THE FOLLOWING :

**23. (NEW PARAGRAPH 25)

AGAIN, HOWEVER, IT WOULD SEEM ADVMSABLE FOR THE BASIC LAW TO PROVIDE FOR APPROPR-MATE BALANCES TO THE POWER OF THE CHIEF EXECUTIVE IN THIS REGARD. THESE MIGHT INCLUDE, AS NOW, A PROVISION FOR FRESH ELECTIONS TO THE LEGISLATURE TO BE HELD WITHIN A SPECIFIED TIME UMMIT FOLLOWING DISSOLUTION. THEY MIGHT ALSO INCLUDE A PROVISION TO THE EFFECT THAT IF THE CHIEF EXECUTIVE WERE TO DISSOLVE THE LEGISLATURE, HE TOO WOULD BE REQUIRED TO STEP DOWN AND SEEK RE-ELECT HON. UNDER SUCH CIRCUMSTANCES, THE CHIEF EXECUTIVE WOULD REMA:HN THE HEAD OF THE SAR GOVERNMENT UNTIL NEW ELECTIONS WERE HELD.''

THE LEGISLATURE (NOTE 3)

(D) REPLACE THE EXISTING PARAGRAPHS 12 TO 16 BY THE FOLLOWING :

**12.

THE PRESENT TERM OF OFFICE OF THE LEGISLATIVE COUNCIL HS 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.

PARAGRAPHS 8-13 OF NOTE 1 SUGGESTED THAT IT MIGHT BE PREFERABLE FOR THE TERMS OF OFFICE OF THE CHIEF EXECUTIVE AND THE LEGISLATURE TO BE OF EQUAL DURATION. PARAGRAPH 13 SPECIFICALLY 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.'

Secret

13.