K Saunders Hong Kong Dept WH 311
Мав
MAIS 012/2
pa
P.a. Constit Deipt
88
25 August 1992
HONG KONG : SEPARATION OF EXCO AND LEGCO
1.
Your minute of 24 August to Ms Barrett has been passed to me in her absence. It is possible to interpret the English version of the first sentence of Article 55 of the Basic Law as meaning either that the Executive Council must be comprised of at least some members from each of the groups mentioned, or that it may comprise members chosen from among those groups, but not necessarily from all of them. It is ambiguous.
2.
If the Governor should choose to separate the Executive Council from the Legislative Council, therefore, it would be possible, in my view, to argue reasonably that that decision is compatible with the Basic Law.
3. I cannot help you with the Chinese text of Article 55. You may want to refer that question to Ms Barrett on her return to the office on 1 September.
How Llewellyn
Huw Llewellyn
Assistant Legal Adviser
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