CONFIDENTIAL
013361
MDHIAN 9048
CIRCUMSTANCES WITH RESULTING UNCERTAINLY.
4. WHILE THE IMPLICATIONS OF THE PRESENT SITUATION ARE BEING EXAMINED BY US, WE NOTE THAT THERE IS NO EQUIVALENT UK STATUTORY ARRANGEMENT WHICH PROTECTS THE PROCEEDINGS OF PARLIAMENT FROM BEING INVALIDATED BECAUSE OF DISQUALIFIED OF MEMBERS TAKING PART. WE HAVE LOOKED INTO THE DRAFTING HISTORY OF THE LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) ORDINANCE AND HAVE NOT BEEN ABLE TO ASCERTAIN WHETHER CONSIDERATION HAD BEEN GIVEN PREVIOUSLY TO THE INCLUSION OF A SUITABLE CLAUSE IN THE RI COVERING THE VALIDITY OF ACTS OF THE COUNCIL OUTSIDE THE SCOPE OF SECTION 39, I.E. ELECTION PETITION CASES.
5. GRATEFUL FOR YOUR VIEWS ON THIS MATTER. IF IT IS DECIDED THAT AN AMENDMENT TO THE ROYAL INSTRUCTIONS IS WARRANTED, WE MAY SUBMIT IT TO THE PRIVY COUNCIL ALONGSIDE THE AMENDMENT TO THE LETTERS PATENT RELATING TO THE ENTRENCHMENT OF THE ICCPR.
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