TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 181

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122201

MDHIAN 8767

(A) BY ANY SUCH VACANCY AMONG THE MEMBERS THEREOF:

(B) BY AN DEFECT IN THE ELECTION, APPOINTMENT OR QUALIFICATION OF ANY SUCH MEMBER: OR

(C) BY ANY DEFECT IN THE DESIGNATION OF ANY PERSON (OTHER THAN A MEMBER) ENTITLED TO SIT IN AT ANY MEETING OF THE COUNCIL IN ACCORDANCE WITH STANDING RULES AND ORDERS OF THE COUNCIL MADE UNDER CLAUSE XXIII.

(2) IF AT ANY SITTING OF THE LEGISLATIVE COUNCIL A QUOROM IS NOT

PRESENT AND ANY MEMBER WHO IS PRESENT OBJECTS ON THAT ACCOUNT TO THE TRANSACTION OF BUSINESS AND, AFTER SUCH INTERVAL AS MAY BE PRESCRIBED BY STANDING RULES AND ORDERS OF THE COUNCIL, THE GOVERNOR OR THE MEMBER PRESIDING AT THE SITTING ASCERTAINS THAT A QUORUM IS STILL NOT PRESENT, HE SHALL ADJOURN THE COUNCIL.

(3) FOR THE PURPOSE OF PARAGRAPH (2) OF THIS CLAUSE, A QUORUM SHALL CONSIST OF TWENTY MEMBERS OF THE LEGISLATIVE COUNCIL.

8. YOU WILL NOTE THAT WE HAVE EXCLUDED THE REFERENCE TO QUOTE

SOME PERSON WHO WAS NOT ENTITLED TO DO SO SAT OR VOTED IN THE COUNCIL OR TOOK PART IN THE PROCEEDINGS UNQUOTE FOR THE REASONS SET OUT IN PARA 2 OF OUR TELNO 3154 OF 1990. INSTEAD, OUR PROPOSED CLAUSE XIX(1)(C) IS INTENDED TO COVER THE POSITION OF

OFFICIALS WHO ARE NON-MEMBERS BUT WHO ATTEND COUNCIL SITTINGS TO ANSWER QUESTIONS, MOVE BILLS AND TAKE PART IN DEBATES WITHOUT THE RIGHT TO VOTE.

ELECTIONS OVER A NUMBER OF DAYS (PARA 5 OF TUR)

9. WE ARE CONTENT WITH CLAUSE 3 OF THE AMENDING ADDITIONAL INSTRUCTIONS.

TIMING FOR SUBMISSION TO THE PRIVY COUNCIL (PARA 6 OF TUR)

10. GIVEN THE UNCERTAINTY OVER CHINESE ACCEPTANCE OF THE BILL OF RIGHTS, IT IS NECESSARY TO CO-ORDINATE CAREFULLY THE AMENDMENTS TO THE LP AND THE PASSAGE OF THE BOR. WE FEEL THAT IT WOULD BE

PRUDENT TO DEFER TO A LATER DATE THE SUBMISSION TO THE PRIVY COUNCIL, ESPECIALLY AS THE LEGISLATIVE COUNCIL HAS NOT YET BEEN FORMALLY CONSULTED ON THE AMENDMENTS TO THE LP BEING PROPOSED. THERE IS ALSO A POSSIBILITY (ALBEIT A REMOTE ONE) THAT THE

PROPOSED AMENDMENT TO THE LP MIGHT HAVE TO BE CHANGED IF THE BOR

WAS ENACTED IN A FORM DIFFERENT TO THAT WHICH IT IS IN TODAY. THE COMMENCEMENT ARRANGEMENTS ENVISAGED IN PARA 2 AND 4 OF OUR TELNO

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