TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 161

V

Ms Brooks

Legal Advisers

MATS 012/2

кр

EELAKO/CVL

(to

ADDITIONAL INSTRUCTIONS: GOVERNOR NEED NOT PRESIDE AT LEGCO

Please refer to Hong Kong telno 458 at enclosure 8.

1.

2.

The need to provide for the Deputy President to preside seems sensible: such a change would be necessary in any event before 1995 (when there will be the next major change in the composition of LegCo) because the Governor had originally envisaged slowly withdrawing and handing over the reigns towards 1995.

3. As for the amendment propose, it seems that Hong Kong are proposing a wording on the lines "the Governor shall be the President of LegCo". This head with the amended RI XXI (2) (attached) would, they say, allow the Deputy President to preside if to the Governor so wished.

4.

I should be grateful for your advice on this. Leaving out "so far af is practicable" does not, to my laymans mind, weaken the provision. Rather it would seem to suggest the Governor must attend. Section XXI (2) on the other hand appears to give a let out, whatever Section XXI (1) says.

мил будет

M V Stone

Hong Kong Department

WH312

270 2651

19 February 1991