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the LP. The Act defines a "representative" legislature as one in which half the members are elected. The Act does not
The specify that the members should be directly elected. 1991 LegCo elections would therefore appear to make LegCo a representative legislature under the terms of this Act.
4.
The implications of LegCo qualifying under the Act were considered in 1987. Indeed the relevance of the CLVA first
surfaced in a pro-Chinese newspaper in early 1987. Our legal advice at that time was that the CLVA probably did not confer on colonial legislatures the power to take extreme measures such as excluding the Governor from the legislative process, thereby allowing LegCo to make laws on their own. The Governor would therefore remain in control of what
reached the statute book.
5. The Governor already has formidable powers under Articles X and XI of the LP. When presented with a Bill by LegCo, he can, at his own discretion but subject to any
instructions from the Secretary of State:
assent to it
- refuse his assent
-
or reserve the Bill for decision by HMG.
Additionally, under the Royal Instructions he is precluded from assenting to a Bill (except on instructions from HMG) which appears inconsistent with obligations imposed on HMG by Treaty, and any Bill "of an extrodinary nature and importance whereby our prerogative
may be prejudiced".
6. In view of these substantial reserve powers and the possibility of buttressing them further by amending the LP, the conclusion in 1987 was that we could mount an adequate
defence against a challenge under the CLVA. Ministers took
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