TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 200

A

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 1898

OF 121145Z OCTOBER 90

CONFIDENTIAL

95

134730

MDHOAN 9136

TOP COPY Q DIST?

HKE

01276

-10

18/10

YOUR TELNO 2786: VALIDITY OF ACTS BY THE LEGISLATIVE COUNCIL

1.

WE AGREE THAT IT WOULD BE PRUDENT TO ADD A PROVISION TO THE

ROYAL INSTRUCTIONS TO PROVIDE AGAINST THE POSSIBLE CONSEQUENCES OF UNQUALIFIED PERSONS SITTING OR VOTING IN LEGCO. SUCH A PROVISION IS NOT/NOT MADE IN RESPECT OF PARLIAMENT, BUT NO COURT

OF LAW MAY ENQUIRE INTO THE VALIDITY OF PROCEEDINGS IN PARLIAMENT. IT IS, HOWEVER, A COMMON PROVISION FOR MODERN CONSTITUTIONS IN THE DEPENDENT TERRITORIES.

2. WE, THEREFORE, PROPOSE THE ROYAL INSTRUCTIONS BE AMENDED BY REPLACING CLAUSE XIX AS FOLLOWS:-

3.

QUOTE XIX (1) THE LEGISLATIVE COUNCIL SHALL NOT BE

DISQUALIFIED FOR THE TRANSACTION OF BUSINESS BY REASON OF ANY VACANCY IN THE MEMBERSHIP THEREOF (INCLUDING ANY

VACANCY NOT FILLED WHEN THE COUNCIL FIRST MEETS AFTER AN ELECTION FOR ALL THE ELECTED MEMBERS), AND ANY PROCEEDINGS THEREIN SHALL BE VALID NOTWITHSTANDING THAT SOME PERSON WHO

WAS NOT ENTITLED SO TO DO SAT OR VOTED IN THE COUNCIL OR

OTHERWISE TOOK PART IN THE PROCEEDINGS.

(2)

THE LEGISLATIVE COUNCIL SHALL NOT BE

COMPETENT TO ACT UNLESS (INCLUDING THE GOVERNOR OR THE DEPUTY PRESIDENT OR OTHER MEMBER PRESIDING) THERE BE

PRESENT AT AND THROUGHOUT THE MEETINGS OF THE COUNCIL

TWENTY MEMBERS AT THE LEAST UNQUOTE.

THE SIDENOTE WOULD READ QUOTE VALIDITY OF PROCEEDINGS AND QUORUM UNQUOTE.

4. PARAGRAPH (2) OF THIS DRAFT IS AN UPDATED VERSION OF THE EXISTING QUORUM PROVISION. AN ALTERNATIVE, WHICH IS CURRENTLY MORE USUAL, WOULD BE AS FOLLOWS:-

QUOTE IF AT ANY SITTING OF THE LEGISLATIVE COUNCIL A QUORUM

IS NOT PRESENT AND ANY MEMBER WHO IS PRESENT OBJECTS ON

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