TNAG-2459-FCO40-3580-Future-of-Hong-Kong-constitutional-development-administrati-1992 — Page 35

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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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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