TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 202

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 3154

OF 300946Z OCTOBER 90

45

CONFIDENTIAL

99

013146

MDHIAN 6698

нко 012 16

YR TELNO 1898: VALIDITY OF ACTS BY THE LEGISLATIVE COUNCIL

1 THANK YOU FOR TUR, ON WHICH WE HAVE THE FOLLOWING COMMENTS:

·

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2. ON PARA 2(1) WE ARE CONCERNED THAT YOUR PROPOSED FORMULATION MAY GIVE THE IMPRESSION THAT IT WOULD BE POSSIBLE FOR THE HKG TO PACK LEGCO WITH MEMBERS WHO ARE NOT ELIGIBLE. WE THINK THIS CLAUSE SHOULD PREFERABLY BE REDRAFTED TO REFER SPECIFICALLY TO THE SITUATION WHICH WE ARE NOW TRYING TO GUARD AGAINST IN THIS EXERCISE, I.E. A PERSON WHO WAS ORIGINALLY THOUGHT TO BE A VALID MEMBER OF THE COUNCIL WAS SUBSEQUENTLY FOUND BY THE COURTS TO BE INVALID. ON THE OTHER HAND, THERE ARE ALREADY CLAUSES IN THE URBAN COUNCIL, REGIONAL COUNCIL AND DISTRICT COUNCIL ORDINANCES PROVIDING FOR THE VALIDITY OF THE ACTS OF THE BODIES CONCERNED (PARA 1 OF OUR TELNO 2786). FOR THE SAKE OF CONSISTENCY WE WOULD SUGGEST TO RECAST THE LATTER PART OF YOUR FORMULATION BROADLY ALONG THE LINES OF THE WORDING IN THE ABOVE LEGISLATION AS FOLLOWS: QUOTE AND ANY PROCEEDINGS THEREIN SHALL BE VALID NOTWITHSTANDING ANY DEFECT IN THE ELECTION, APPOINTMENT OR QUALIFICATION OF ANY MEMBER THEREOF UNQUOTE

3. ON PARA 2(2)

-

WE ARE INCLINED TO ADOPT THE ALTERNATIVE PROPOSED IN PARA 4 OF TUR, BOTH BECAUSE IT REQUIRES AN OBJECTION TO BE MADE IF A QUORUM IS NOT PRESENT AND BECAUSE THE REFERENCE TO THE PERSON PRESIDING IS MORE APPROPRIATE.

4. GRATEFUL FOR YOUR VIEWS.

WILSON

YYYY