TNAG-2218-FCO40-3186-Constitutional-development-in-Hong-Kong-Letters-Patent-and-R-1991 — Page 5

Validation of acts by the Legislative Council

12

There is no provision in the Letters Patent or Royal Instructions which covers the validity of acts done by a disqualified elected member of the Legislative Council or acts of the Legislative Council in which a disqualified member has taken part. At present only acts of an elected member of the Legislative Council done pending the determination of an election petition are validated by section 39 of the Legislative Council (Electoral Provisions) Ordinance (Chapter 381) and the recently amended section 41 of the Electoral Provisions Ordinance (Chapter 367). This is unlike laws covering the Urban Council, the Regional Council, and the district boards, which invariably contain a provision such as that in section 34 of the Urban Council Ordinance

(Chapter 101)

"The proceedings

of the Council or of a committee thereof shall not be invalidated by any vacancy among their number, or by any defect in the election or qualification of any member thereof."

The the

question therefore arises whether a similar provision for Legislative Council should be included in the Royal

Instructions.

13

Our concern is that since matters in the Legislative Council are decided by a majority there is always a possibility that the vote of a disqualified member could be decisive. This could throw doubt on the validity of a law passed in such circumstances. To prevent such an occurrence, we propose to atd to the Royal Instructions a provision similar to those which apply to the lower tiers of Government (paragraph 12 above).

Legislative Council Quorum

14

At present Article XIX of the Royal Instructions only prescribes that the Legislative Council shall not be competent to act unless at least twenty Members are present at and throughout its meetings. It does not however provide for the procedures for determination of the quorum and the adjournment

of a meeting in the case of its being inquorate.

Governor as president of the Legislative Council

15

present Clause XXI (1) of the Royal Instructions Governor shall, so far as is practicable, Legislative Council. However,

At

that the meetings

stipulates preside at

►

of

the

CONFIDENTIAL