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407 Exco
3. I would like to be quite clear what is to be proposed about Appointed Members. Ms Saunders' minute (attached) suggests that there would cease to be appointed members of Legco. I have read papers and telegrams copied since, as meaning that what is proposed is the resignation of the present Appointed Members of Exco. What is the proposal? Governor cannot dismiss the ex-officio Members nor does there
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appear to be provision for them to resign, but^Royal Instructions III implies that any Member other than an ex-officio Member of Exco may resign. There would not seem to be any problem if an Appointed Member were to resign. The Governor could provisionally appoint new Members of Exco (see Royal Instruction III), but of course under Royal Instruction IV, the Governor has to report all provisional appointments. If what is proposed is the resignation of the appointed Members of Exco, there would appear to be no need to amend either the Letters Patent or the Royal Instructions; however, if we are considering the removal of Appointed Members from Legco, then a number of amendments need to be made. be quite clear as to what is required before I begin drafting the amendments.
4.
It is also proposed that the Governor ceases to be President of Legco. If it is intended that the Governor ceases to be President upon announcement of this decision on 7 October, the Governor needs to be warned that this cessation will not be effective until the Letters Patent are amended. He would, in theory, still be President of Legco until the amendments come into operation; but on the other hand, Royal Instruction XXI (i) makes it clear that he only presides when he is present at a meeting of the Council and Royal Instruction XXI (ii) provides for the Deputy President to preside in the absence of the Governor. In practice, he merely needs to stay away. However, there will be no legal basis for a President to be elected until the amendments are made. The Deputy President will have to preside in the interim period. Incidentally, we will also need to amend Royal Instruction XXII to remove the Governor's casting vote. It only seems appropriate for him to retain it if he is acting as President of Legco. However, since he will nevertheless remain part of Legco even though he will cease to be President, presumably his original vote (see Royal Instruction XXII) should still stand? I am assuming that it is still intended that the Governor would remain part of Legco. this correct? He is part of Legco by virtue of Letters Patent VI(i)(a). This is distinct from his function as President.
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5. The Privy Council has not met during the summer months or in September. The first Privy Council to be held will be on 28 October. I will prepare amendments to the Letters Patent and Royal Instructions in time for this meeting on 28 October. I do not think that there should in fact be any legal problem with the slight hiatus caused by the fact that the amendments
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