TNAG-1722-FCO40-2415-Future-of-Hong-Kong-Basic-Law-1988 — Page 89

UK Juridical Yearbook 1963

3. There would appear to be no legal objections to the Assembly requesting the Counci to enlarge the membership of three of its sessional committees. It remains, however, the prerogative of the Council, under the Charter, to decide on the setting up as well as on the composition of its committees. It would therefore be preferable, in our opinion, that the draft resolution use in its operative part the words "Recommends to the Council" rather than "Invites the Council". The operative part might then be worded as follows:

"Recommends to the Council to give, at its thirty-sixth session, prompt and favourable considera- tion to the desirability of enlarging the membership of its Economic, Social and Coordination Com- mittees and to carry out forthwith necessary elections so as to permit that the composition of these committees should better reflect the present membership of the Organization.”

4. The action of the Council in response to this request might merely consist in the adoption of a resolution relating to the composition of the three committees for such a period of time as the Council may decide. Because, however, of the present wording of rule 26 of its rules of procedure (“At each session, the Council may set up sách committees. . ."), a more appropriate action might be for the Council to add to its rules of procedure a new provision stating that the three committees will consist of representatives of all members of the Council and of representatives of a certain number of States not members of the Council which may be elected by the latter.

9 December 1963

7. COMPOSITION OF THE INTER-SESSIONAL WORKING GROUP OF THE COMMITTEE FOR INDUSTRIAL DEvelopment-CONTINUATION OF MEMBERSHIP Of Peru and POLAND

Memorandum to the Secretary of the Economic and Social Council

1. Although there are no specific rules governing the membership of working groups it has been the general practice of the Economic and Social Council and its subsidiary organs to limit the membership of such working groups to the members of the Council or the reg pective committee. This has been so even in the case of working groups established to function in between sessions of the parent body. In line with this practice, the membership of Peru and Poland would normally terminate with the cessation of their membership in the parent committee.

2. However, we would see no great objection if in the present circumstances they con- tinued to take part in the working group at its forthcoming session until the committee itself opened its new session. At that time, of course, they would be replaced by two new members. This suggestion is put forward on the assumption that the members of the committee desired to have a certain balanced representation in the working group and that it would probably frustrate this purpose if the two members in question dropped out without equivalent replacements.

3. Consequently, if there appears to be no substantial objection it seems to us that it would be permissible as a matter of discretion to maintain the membership of Peru and Poland unt the next meeting of the Committee for Industrial Development.

17 January 1963

8. UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT-QUESTION OF INVITING

THE FEDERATION OF RHODESIA AND NYASALAND

Memorandum to the Deputy Under-Secretary for Economic and Social Affairs

In response to your memorandum of 19 February, we wish to say that it is clear that the Federation of Rhodesia and Nyasaland should not be considered as a "State" for the purpose

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