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Background
3. of the package of Constitutional measures announced by the
Governor in his 7 October speech, some were decisions for
immediate implementation. Two of them
-
the removal of the CBF
from ExCo and the stepping down by the Governor as President of
LegCo require amendments to the Letters Patent and Royal
-
Instructions.
4. The attached explanatory note for the Privy Council sets out
the main contents of the two draft instruments. They go to the
Privy Council in this form (there is no Order in Council and no Parliamentary process).
5.
The Governor is both a member of and the President of the
Legislative Council. It is necessary to remove him from both these positions in order to effect his stepping down as President. However, provision must be made for there to be a
President of the Legislative Council and, in accordance with the Governor's wishes, that he should be elected from amongst their
own members. Provision is also necessary for the Council to
have a Deputy President, to carry out the Presidents functions
when the latter is not available.
6. With the end of the Governor's membership of the Legislative
Council, the Governor no longer has a right to address the Council. Until 1995, this will not present a practical or
constitutional problem because the three ex-offico members will
still be there. After 1995, however, there will be no official members of the Council and if the Council wished, it could
refuse access to the Governor. We believe, and the Governor
agrees, that it would be best to make provision in the current
set of amendments, for him to address the Council. This
provision would be unobtrusive; and it is in case circumstances
in Hong Kong are more difficult in 1995.
draft.HK.ADMIN.JRB
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