TNAG-1714-FCO40-2393-Hong-Kong-amendments-to-Letters-Patent-and-Royal-Instruction-1988 — Page 126

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MDLIAN 2772

CREEP FORWARD OR, AT BEST, FOR SESSIONS TO BE UNNECESSARILY EXTENDED IN ORDER TO KEEP THE CYCLE IN SYNCHRONISATION. THIS RAISES THE QUESTION OF WHETHER THE EXISTING AUTOMATIC PROVISION IS UNDULY RIGID.

SEPARATELY WE ARE LOOKING AT OUR ELECTORAL ARRANGEMENTS TO SEE IF THE VARIOUS ELECTORAL PROCESSES CAN BE COMPRESSED TO ALLOW A DISSOLUTION TO TAKE PLACE IN EARLY AUGUST OF THE ''GENERAL ELECTION' YEAR, ELECTIONS TO BE HELD IN SEPTEMBER AND THE FIRST SITTING OF THE NEW LEGCO TO TAKE PLACE IN EARLY OCTOBER. THIS ARRANGEMENT WOULD ENABLE US TO FOLLOW IN AN ELECTION YEAR, THE SAME PRACTICE AS IN NON-ELECTION YEARS WHEREBY LEGCO ''RECESSES'' FROM LATE JULY TO EARLY OCTOBER. AS MATTERS STAND, COMPLIANCE WITH RI XXVIII(A) AND THE LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) ORDINANCE (CAP. 381) MAY ENTIAL PRACTICAL DIFFICULTIES IN CONVENING

IT THE NEW LEGCO BY THE DUE DATE OF 19 OCTOBER. IN ANY EVENT, SEEMS UNDESIRABLE IN PRINCIPLE THAT LEGCO SHOULD STAND DISSOLVED FOR NEARLY THREE MONTHS.

5. A FURTHER AMENDMENET IS CONTEMPLATED FOR PURELY PRACTICAL REASONS. THIS IS TO DELETE FROM RI XXV (2) AND RI XXVIII THE REQUIREMENT TO INCLUDE MARGINAL NOTES ALONGSIDE EACH CLAUSE OF AN ORDINANCE. THE REASON IS THAT THE NEED FOR NOTES IN THE MARGIN CAUSES SECRETARIAL AND PRINTING DIFFICULITES PARTICULARLY IN REGARD TO THE PUBLICATION OF CHINESE TEXTS. INSTEAD WE PROPOSE THAT THE PRESENT PRACTICE OF USING MARGINAL NOTES SHOULD BE REPLACED BY THE USE IMMEDIATELY ABOVE EACH CLAUSE OF LEFT MARGIN BOLD HEADINGS. THIS FORM HAS BEEN ADOPTED ELSEWHERE AND WILL RESOLVE THE DIFFICULTIES NOW BEING ENCOUNTERED.

6. WE ARE NOW WORKING ON DRAFT AMENDMENTS TO ACHIEVE THE PURPOSES EXPLAINED ABOVE, AS WELL AS THOSE SET OUT IN OUR TUR, AND HOPE TO SUBMIT THESE SHORTLY. IN PARALLEL WITH A SUBMISSION TO YOU AT OFFICIAL LEVEL, WE INTEND TO INFORM THE EXECUTIVE COUNCIL OF OUR PROPOSALS. THERE HAS BEEN SOME CRITICISM HERE, WHICH WE UNDERSTAND MAY FIND EXPRESSION SHORTLY IN A HOSTILE FAR EASTERN ECONOMIC

PATEN AND THE ROYAL REVIEW ARTICLE, THAT AMENDMENTS TO THE LETTERS INSTRUCTIONS ARE NOT SUBJECT TO DEBATE IN HONG KONG BEFORE THEY ARE MADE. AGAINST THIS BACKGROUND, WE THINK THAT AT LEAST EXCO SHOULD BE GIVEN A CHANCE TO COMMENT ON OUR PROPOSALS, EVEN THOUGH IT WOULD BE WRONG IN PRINCIPLE FOR THE GOVERNOR IN COUNCIL FOR ANY- ONE ELSE IN HONG KONG TO DIRECT HOW THE ROYAL PEROGATIVE SHOULD BE

EXERCISED.

7. WE HAVE NOTED THE TIMETABLE IN YOUR TUR, WE AGREE THAT WE SHOULD A IM FOR THE PRIVY COUNCIL MEETING IN THE WEEK BEGINNING 21 MARCH SINCE THE AMENDMENTS CONCERNING THE COMPOSITION OF LEGCO CANNOT PROPERLY BE MADE BEFORE THE WHITE PAPER IS DEBATED IN LEGCO (SCHEDULED FOR 16/17 MARCH). ON THE ASSUMPTION THAT THE AMENDMENTS

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