TNAG-1714-FCO40-2393-Hong-Kong-amendments-to-Letters-Patent-and-Royal-Instruction-1988 — Page 125

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FM HONG KONG

TO PRIORITY FCO

TELNO 290

OF 21024OZ JANUARY 88

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Z 5 JAN 1988

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167705

MDLIAN 3772

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MY TELNO 0122 AND YOUR TELNO 154 AMENDMENTS TO LETTERS PATENT AND ROYAL INSTRUCTIONS.

YOU WILL WISH TO KNOW THAT, FOLLOWING CONSIDERATION OF THE IMPLICATIONS OF THE FORTHCOMING DISSOLUTION OF THE LEGISLATIVE COUNCIL, WE NOW CONTEMPLATE AN AMENDMENT TO ROYAL INSTRUCTION XXI (A) TO PROVIDE THAT ANY BILLS BEFORE THE COUNCIL ON DISSOLUTION

SHALL LAPSE.

2. IT SEEMS UNDESRIABLE THAT A NEW LEGISLATIVE COUNCIL FORMED AFTER A 'GENERAL' ELECTION SHOULD BE ASKED TO COMPLETE THE UNFINISHED BUSINESS OF HITS PREDECESSOR. ALTHOUGH THIS EFFECT COULD BE ACHIEVED SIMPLY BY WITHDRAWING BILLS WHICH FA** TO COMPLETE THEIR PASSAGE BEFORE THE DISSOLUTION, WE THINK THAT THERE SHOULD BE EXPRESS PROVISION IN THE ROYAL INSTRUCTIONS TO CATER FOR IT. AT PRESENT RI XXI (A) (3) PROVIDES THAT THE CONSIDERATION OF A BILL SHALL NOT (NOT) BE AFFECTED BY THE TERMINATION OF A SESSION. LEGAL OPINION HERE IS THAT THIS PROVISION LACKS EXPRESS WORDING WHICH COULD BE RELIED ON TO EXCLUDE ITS APPLICATION TO A DISSOLUTION. 3. WE HAVE DISCUSSED THIS MATTER WITH FIFOOT. HIS VIEW IS THAT, ACCORDANCE WITH PARLIAMENTARY CONVENTION, RI XXI (A) (3) COULD ALREADY BE INTERPRETED AS REQUIRING GOVERNMENT BILLS TO FALL UPON THE (UNDERLINE NEXT WORD) DISSLOUTION OF THE LEGISLATIVE COUNCIL. THE REASON IS THAT A NEW LEGISLATIVE COUNCIL IS ANALOGOUS TO A NEW PARLIAMENT AND EACH PARLIAMENT IS A SEPARATE ENTITY. NEVERTHELESS FIFOOT SAW NO OBJECTION TO THE PROPOSED AMENDMENT BY WAY OF A BELT AND BRACES APPROACH.

IN

4. WE HAVE ALSO CONSIDERED WHETHER THERE IS A CASE FOR AN AMENDMENT TO RI XXVIII(A) (1) WHICH PROVIDES THAT LEGCO SHALL STAND DISSOLVED ON THE 90TH DAY BEFORE THE THIRD ANNIVERSARY OF THE FIRST SITTING OF THE COUNCIL FOLLOWING THE LATEST ELECTION. IN 1988 THIS PROVISION WILL MEAN THAT LEGCO WILL BE DISSOLVED ON 1 AUGUST 1988. HAVING REGARD TO RI XXI (A)(1), THE FACT THAT THE LAST SITTING OF THE EXISTING LEGCO IS PLANNED FOR 20 JULY 1988 MEANS THAT THE FIRST SITTING OF THE NEW LEGCO MUST BE NO LATER THAN WEDNESDAY 19 OCTOBER. IT FOLLOWS THAT THE 1991 DISSOLUTION WILL BE REQUIRED BY 22 JULY AND THAT THE SUBSEQUENT SESSION WOULD HAVE TO START BY WEDNESDAY 16 OCTOBER 1991. THERE WOULD BE A TENDENCY, OVER TIME, FOR THE DATE TO

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