TNAG-2449-FCO40-3565-Legislative-Council-of-Hong-Kong-1992 — Page 89

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FM HONG KONG

TO DESKBY 09120OZ FCO

TELNO 2660

OF 09104OZ NOVEMBER 92

INFO IMMEDIATE PEKING, UKREP JLG HONG KONG

4

LEGCO QUESTION: CBF'S EXCO MEMBERSHIP.

CHIM PUI-CHUNG (INDEPENDENT) WILL ASK THE FOLLOWING WRITTEN

QUESTION AT THE LEGCO SITTING ON 11 NOVEMBER:

QUOTE: WILL GOVERNMENT INFORM THIS COUNCIL

(A) IN ANNOUNCING THE STEPPING DOWN OF THE COMMANDER BRITISH FORCES AS AN EX-OFFICIO MEMBER OF THE EXECUTIVE COUNCIL ON 7 OCTOBER THIS YEAR, WHETHER THE GOVERNOR HAS CONSIDERED -

(1) THAT THE WITHDRAWAL OF THE COMMANDER BRITISH FORCES IS

IN VIOLATION OF CLAUSE II OF THE ROYAL INSTRUCTIONS: (II) THAT THE DECISION OF THE WITHDRAWAL, BEING

ANNOUNCED TO TAKE EFFECT BEFORE THE RELEVANT LEGAL PROVISION IS SUITABLY AMENDED, WILL AFFECT THE CREDIBILITY OF THE GOVERNMENT: AND

(B) WHETHER THE DECISIONS TAKEN BY THE GOVERNOR-IN-COUNCIL SUBSEQUENT TO THE STEPPING DOWN OF THE COMMANDER BRITISH FORCES AS AN EX-OFFICIO MEMBER OF THE EXECUTIVE COUNCIL ARE LEGALLY EFFECTIVE QUERY. UNQUOTE.

2.

WE PROPOSE TO REPLY AS FOLLOWS:

QUOTE:

(A)

THE COMMANDER BRITISH FORCES IS AN EX-OFFICIO MEMBER OF THE EXECUTIVE COUNCIL, AS PROVIDED FOR BY CLAUSE II OF THE ROYAL INSTRUCTIONS. THE COMMANDER WILL CONTINUE TO REMAIN ON THE EXECUTIVE COUNCIL UNTIL THE NECESSARY AMENDMENTS TO THE ROYAL INSTRUCTIONS HAVE BEEN COMPLETED TO GIVE EFFECT TO THE DECISION, AS ANNOUNCED BY THE GOVERNOR ON 7 OCTOBER, TO ABOLISH THE COMMANDER'S EX-OFFICIO MEMBERSHIP. THERE IS THEREFORE NO QUESTION OF ANY VIOLATION TO CLAUSE II OF THE ROYAL INSTRUCTIONS.

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