CONFIDENTIAL
FM HONG KONG
TO DESKBY 120730Z FCO TELNO 1885
OF 12071OZ JUNE 91
(24
CONFIDENTIAL
MKB 012/17
75
142217
MDHIAN 0731
TOP COPY Q DIST?
тся
YOUR TELEGRAM NO. 1110: DEPUTY PRESIDENT OF LEGCO.
"
1 IT WAS HELPFUL TO HAVE, ALBEIT AT THIS LATE STAGE, THE RATIONALE BEHIND YOUR LEGAL ADVICE THAT THERE ARE CONSTITUTIONAL PROBLEMS IN MAKING A PUBLIC ANNOUNCEMENT BEFORE ''THE APPOINTED DAY''. I DO NOT SEE HOWEVER HOW I COULD ISSUE SUCH A LEGALISTIC
AND CONVOLUTED PRESS RELEASE AS THAT PROPOSED IN PARA. 2 OF TUR.
2. AS STATED IN MY TELEGRAM NO. 1880, I TAKE THE POINT THAT THE POST OF DEPUTY PRESIDENT CANNOT ITSELF BE FILLED UNTIL ''THE APPOINTED DAY'', AND THAT THE SECRETARY OF STATE'S APPROVAL IS NEEDED IN THE NORMAL WAY. INDEED, THIS IS WHAT I THOUGHT I HAD SOUGHT AND OBTAINED. I ACCEPT THAT ANY ANNOUNCEMENT AT THIS STAGE
CAN ONLY REFER TO AN INTENTION. BUT ANY ANNOUNCEMENT THAT NAMES THE PERSON TO BE APPOINTED WILL BE IN A SENSE PRE-EMPTIVE. I DO
NOT SEE THAT IT IS NECESSARY IN A PRESS RELEASE TO INCLUDE SPECIFIC REFERENCES TO THE CONSTITUTIONAL PROCEDURES. TO DO SO WOULD NOT BE OUR NORMAL PRACTICE IN SUCH PRESS RELEASES.
3. AS AGREED (TELECON COX/HOARE), I THEREFORE PROPOSE TO ISSUE THE FOLLOWING PRESS RELEASE AT 5.30 P.M. TODAY:
''THE GOVERNOR, SIR DAVID WILSON, ANNOUNCED TODAY THAT IT WAS HIS INTENTION TO APPOINT MR. JOHN SWAINE AS A MEMBER OF THE LEGISLATIVE COUNCIL FOR THE 1991-5 SESSION, WITH A VIEW TO HIM BECOMING THE DEPUTY PRESIDENT OF THE COUNCIL.
MR. SWAINE SERVED AS A MEMBER OF THE LEGISLATIVE COUNCIL FROM 1980-1988. HE HAS BEEN A MEMBER OF THE EXECUTIVE COUNCIL SINCE 1 SEPTEMBER 1988. HE WILL RESIGN FROM THE EXECUTIVE COUNCIL ON 31 AUGUST.
4. THE APPOINTED DAY'' IS 12 SEPTEMBER 1991. IT IS DEFINED IN THE ELECTORAL PROVISIONS ORDNANCE (FOR DIRECTLY ELECTED MEMBERS) AND THE LEGCO ELECTORAL PROVISIONS ORDNANCE (FOR FUNCTIONAL CONSTITUENCY MEMBERS).
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