TNAG-2013-FCO40-2865A-Constitutional-development-in-Hong-Kong-1991-1990 — Page 86

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voting role in LegCo. It is intended that initially the Deputy would only preside in the absense of the Governor. During the term he would gradually take on more meetings. ExCo have concluded that, in view of the significance of this development, the Deputy President should be appointed by the Governor instead of being elected by non-officials. He will still be a member of LegCo and will attend meetings when not preciding.

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ATTENDANCE BY OFFICIALS

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6. It is proposed that the policy secretaries (seven of the present ten official members of LegCo are policy secretaries) will participate in LegCo proceedings by attending the Council rather than as members. The policy secretaries act as a channel of communication between ExCo and LegCo. By 1997 there can be no official members since LegCo will be constituted by election. therefore makes sense to reduce their numbers quickly. Our legal advisers foresee a possible problem over this issue because the presence of the policy secretaries will be at the discretion of LegCo. LegCo in 1991 will probably constitute a "representative legislature" and under the Colonial Laws Validity Act 1865 could prevent officials from attending by amending the constitution of the legislature. Hong Kong argue, however, that any move to disapply the relevant provision of the Act to deny LegCo this power would have profound political implications and would stir up emotions in respect of a situation which is most unlikely to occur.

In any

event the Governor could refuse to give his assent to such a Bill.

We agree with Hong Kong that no action should be taken, and so recommend

NUMBER OF ELECTORAL CONSTITUENCIES

7. The 18 directly elected seats for 1991 will be drawn from 9

two-member constituencies. Each elector will be able to vote for two candidates, and the results will be decided by a first-past-the-post system of counting.

The 9 constituencies will

be so designed that they can be readily transformed into 10

two-member constituencies in 1995.

CHRAAS

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