b
resolution or question Legco. This power of proposal could be broaden into a right going beyond proposing financial
legislation. I suggest the new addition to Clause XXI (4) would form a new second sentence after the first sentence about the Governor's right to address Legco. This would read:
"The Governor may propose any ordinance, vote, resolution or question."
It would not seem possible to retain the Governor's power to delegate the proposal of financial legislation. The side note to Royal Instruction XXI would also need adjustment.
4.
Incidentally, Letters Patent VII (1) which empowers the Governor with the advice and consent of Legco to make laws does not appear dependent on the Governor remaining part of Legco. The Governor makes laws by assenting to bills; this is apparently not in his capacity as part of Legco, but in his capacity as Head of the Executive. Sir Kenneth Roberts Wray, in his book "Commonwealth and Colonial Law", chapter 8, page 356 states that in Commonwealth countries or territories "with a few exceptions, power to legislate is vested in a body which debates and passes Bills or draft laws, and the Head of the Executive (who), by signification of assent, converts them into laws which may be called
ordinances
...
5. On a separate point I have passed to you the printed copies of the Letters Patent amendment and the amendments to the Royal Instructions. On further reflection I consider that in the amendment to Clause XXI (2) (a) the comma should be deleted after the words "ex officio Members".
6.
I would be most grateful if you would pass to Hong Kong my thoughts on Clause XXIV and the proposed change to Clause XXI(2)(a), as well as the printed
as well as the printed copies referred to in paragraph 3 above.
2
Shelagh Brooks,
Shelagh Brooks
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