TNAG-2459-FCO40-3580-Future-of-Hong-Kong-constitutional-development-administrati-1992 — Page 84

24 November 1992

(By Fax)

Joseph Y T Lai Esq

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PVA BP 25/11

Constitutional Affairs Branch

Lower Albert Road

Hong Kong

(33

Foreign & Commonwealth

Office

London SWIA 2AH

Telephone: 071- 2702652

нив агро

Dear Mr Lai,

ELECTED LEGCO PRESIDENT AND CBF'S MEMBERSHIP: THE ROYAL INSTRUCTIONS AND LETTERS PATENT

AMENDMENTS TO

Further to my letter of 5 November, I now enclose a printed copy of the Letters Patent amendment and the amendments to the Royal Instructions.

tiopri 29

In your letter of 27 October to Mr Stone, you asked for our advice on amendments to Clause XXIV of the Royal Instructions. The Governor's power to initiate financial legislation is a very important provision. While it is true that if this provision were removed an Official Member of Legco could propose, for example, a financial ordinance on behalf of the Government, once Official Members disappear from Legco, the Government would not have the right to initiate financial legislation. The Governor's power needs therefore to be preserved. As the Governor's power to make financial proposals to Legco appears to depend on his membership of Legco, this issue needs to be considered together with the proposed amendment to LP VI (1) (a) concerning the Governor's membership of Legco.

Could you

confirm that, as it would appear from RI XXIV, only members of Legco may propose questions for debate?

The proposed revocation of LP VI (1) (a) is designed to remove the Governor from Legco in his capacity as a member of Legco. This is separate from the removal of the Governor as President of Legco. If LP VI (1) (a) was deleted it would be difficult to maintain in practice the important proviso in RI XXIV. In order to overcome this problem, either the Governor could remain part of Legco and RI XXIV would remain intact or LP VI (1) (a) and the proviso to RI XXIV could both be removed and the new amendment to RI XXI (4) could be amended to give the Governor, in addition to the right to address Legco, the right to propose any ordinance, vote, resolution or question to Legco. This power of proposal could be broadened into a

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