TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 204

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5. HOWEVER, ONCE THE 2 LEGISLATIVE COUNCIL ELECTIONS ARE HELD IN SEPTEMBER 1991 THEN THE EXISTING WORDING OF THE PROVISO TO ARTICLE XXVIIIA(1) OF THE ROYAL INSTRUCTIONS WOULD PROBABLY REQUIRE AMENDMENT PRIOR TO THE HOLDING OF THE SUBSEQUENT 1995 GENERAL ELECTION OR ELECTIONS. THE PROVISO WAS AMENDED FOR THE 1988 ELECTION AND SO A FURTHER MINOR AMENDMENT WOULD NOT BE A

NOVEL PROCEDURE.

6.

7

THE PROVISO AS AMENDED COULD READ

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QUOTE PROVIDED THAT THE LEGISLATIVE COUNCIL SHALL STAND DISSOLVED IN THE FOURTH YEAR AFTER THE LATEST ELECTION FOR ALL THE ELECTED MEMBERS OF THE LEGISLATIVE COUNCIL IN RESPECT OF ALL CONSTITUENCIES OTHER THAN FUNCTIONAL CONSTITUENCIES ON SUCH DATE AS THE GOVERNOR SHALL FIX BEING A DATE NOT EARLIER THAN 60 DAYS AND NOT LATER THAN 30 DAYS BEFORE THE ANNIVERSARY OF THAT ELECTION UNQUOTE.

AS THE PROVISO ALREADY GIVES FLEXIBILITY IN THE FIXING OF

THE ACTUAL DAY OF THE DISSOLUTION OF THE LEGISLATIVE COUNCIL

THERE APPEARS TO BE NO NECESSITY TO TIE THAT DATE TO THE EARLIER

(OR INDEED LATER) OF THE 2 PRECEDING GENERAL ELECTION DATES. IT

WILL BE QUITE SUFFICIENT TO TIE THE DISSOLUTION OF THE COUNCIL TO

THE DATE OF THE PREVIOUS ELECTION RELATING TO GEOGRAPHICAL CONSTITUENCIES ALONE, WHICH MAY OR MAY NOT BE ON THE SAME DAY AS THE ELECTION RELATING TO FUNCTIONAL CONSTITUENCIES WAS HELD.

8.

GRATEFUL FOR YOUR COMMENTS ON THE ABOVE. IF IT IS DECIDED THAT AMENDMENTS TO THE ROYAL INSTRUCTIONS ARE WARRANTED, WE MAY SUBMIT THEM TO THE PRIVY COUNCIL ALONGSIDE THE OTHER AMENDMENTS TO THE LETTERS PATENT AND ROYAL INSTRUCTIONS RELATING TO THE ICCPR, VALIDITY OF ACTS BY LEGCO AND DELEGATION OF THE GOVERNOR'S POWER TO APPOINT PUBLIC OFFICERS.

FORD

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