TNAG-2459-FCO40-3580-Future-of-Hong-Kong-constitutional-development-administrati-1992 — Page 27

NOTE FOR THE PRIVY COUNCIL

DRAFT HONG KONG LETTERS PATENT 1992

1.

The draft Letters Patent 1992 provide that Article VI(1)(a) is revoked. On revocation, the Governor of Hong Kong will cease to be part of the Legislative Council.

DRAFT HONG KONG ADDITIONAL INSTRUCTIONS 1992

2.

The draft additional Instructions amend Clause II of the principal Instructions to remove the Commander British Forces from the Executive Council with a consequential amendment to Clause VIII (3). The draft additional Instructions further provide that the Governor will cease to be President of the Legislative Council and this is achieved by revoking Clause XXI (1); there are a number of consequential amendments to Clauses XIX(2) and (3), XXI(3) and XXII.

A new Clause XXI (1) provides for a President to be elected from amongst the non ex-officio members of the Council, who may also elect a Deputy-President to preside when the President is absent (Clause XXI (2)). Clause XXI (B) provides for the Governor to address the Council, including during a special sitting and for members of the Council to put questions to the Governor and receive answers to them. It also provides for the Governor to propose any policy, measure, bill, vote, resolution, motion or question for debate in the Council and for him to direct a designated public officer to attend a sitting of the Council to attend to any public matter. This will pave the way for post-1995 arrangements when there will no longer be any ex-officio members on the Council.

Clause XXIV provides for any member of the Council to propose a question for debate and ensures that only the Governor or a designated public officer or member of the Council authorised by him may propose any ordinance, vote, resolution or question which might affect any part of the public revenue.