TNAG-2015-FCO40-2866-Constitutional-development-in-Hong-Kong-1991-1990 — Page 31

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

مین

HKB012 16

Mr Stone.

pa.

104

051555

MDLOAN 2687

CONFIDENTIAL

FM FCO

TO PRIORITY HONG KONG TELNO 2108

OF 08094OZ NOVEMBER 90

99)

TOP COPY Q DIST?

YOUR TELNO 3154: VALIDITY OF ACTS BY THE LEGISLATIVE COUNCIL

1.

WHILE THE FORMULATION IN OUR TELNO 1898 (WHICH HAS BEEN FREQUENTLY USED IN OTHER TERRITORIES) HAS NOT, SO FAR AS WE KNOW, GIVEN ANY IMPRESSION THAT THE GOVERNMENTS IN OTHER TERRITORIES WOULD PACK THEIR LEGCO, WE WOULD HAVE NO OBJECTION TO A DIFFERENT FORMULATION IF IT ADEQUATELY FITS THE BILL.

2.

WE WONDER, HOWEVER, WHETHER THE FORMULA IN PARA 2 OF TUR IS SUFFICIENTLY WIDE. IT DEALS ONLY WITH

IT DEALS ONLY WITH ''MEMBERS''. IN THE CIRCUMSTANCES OF HONG KONG (SEE ARTICLE 62(6) OF THE BASIC LAW), PERSONS OTHER THAN MEMBERS WILL BE ABLE TO SIT IN THE COUNCIL AND IT MAY, THEREFORE, BE DESIRABLE TO ADOPT A VALIDATION PROVISION WHICH DISREGARDS THEIR PRESENCE AND THE PRESENCE OF ANY PERSON IN FACT IN ATTENDANCE WHETHER OR NOT HE WAS OR WAS NOT ENTITLED

TO SIT UNDER THAT PROVISION.

HURD

YYYY

MAIN

57

.HONG KONG AGREEMENT

. (RESTRICTED)

LIMITED

HKD

HD/FED

NEWS D

ADDITIONAL

3

MS FOAKES LEGAL ADVISERS

MS BARRETT LEG ADU.

~~~~

DISTRIBUTION

60

PUSD

RAD

PS/LORD CAITHNESS

MR MCLAREN

MR BURNS

MR FIFOOT LEGAL ADVISERS

PAGE CONFIDENTIAL

1

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