TNAG-2734-FCO40-3942-Hong-Kong-role-of-the-Legislative-Council-(LEGCO)-1993 — Page 132

CONFIDENTIAL

p.a. leglo

043703

MDHIAN 2590

CONFIDENTIAL

FM HONG KONG

TO DESKBY 09110OZ FCO

TELNO 381

OF 091035Z MARCH 93

PERSONAL FOR RICKETTS, HKD

TOP COPY Q DIST?

23

HKB 012/3

RECEIVED IN PRISTRY

15 MAR 1993

DESK OFROJN INDEX

PA

ASCISTRY

YOUR TELNO 218: CONSTITUTIONAL DEVELOPMENT: GAZETTAL OF DRAFT LEGISLATION

1. THE RELEVANT LEGCO STANDING ORDERS DO PROVIDE FOR A BILL TO BE GAZETTED BUT WITHOUT COMMITTING THE MEMBER IN CHARGE OF THE BILL TO SPECIFYING THE DATE OF THE LEGCO SITTING AT WHICH THE BILL IS TO HAVE ITS FIRST READING. THE FIRST READING COULD THEREFORE BE DELAYED FOR AS LONG AS THE MEMBER IN CHARGE OF THE BILL CHOOSES, THE ONLY TIME LIMIT BEING THE DISSOLUTION OF LEGCO. ONCE THE BILL IS ON THE ORDER PAPER IN RESPECT OF A SITTING, THE MEMBER IN CHARGE MAY AT THE BEGINNING OF THE PROCEEDING ON THE BILL, ANNOUNCE THAT HE WITHDRAWS OR POSTPONES IT.

2. THE STANDING ORDERS FURTHER PROVIDE THAT ANY LEGCO MEMBER COULD MOVE A MOTION THAT A GAZETTED BILL BE PLACED IN THE ORDER PAPER FOR A SPECIFIED SITTING. IN OUR PRESENT CASE, HOWEVER,

WE DO NOT BELIEVE THAT SUCH A MOTION, IF MOVED, WILL COMMAND MAJORITY SUPPORT IF ANNOUNCEMENT ON TALKS HAS ALREADY BEEN MADE. IN ANY CASE, GIVEN THAT THE BILL HAS FINANCIAL IMPLICATIONS, SUCH A MOTION WOULD ARGUABLY REQUIRE THE PRIOR AUTHORISATION OF THE GOVERNOR UNDER ROYAL INSTRUCTIONS XXIV.

3.

IT IS ALSO OPEN TO THE GOVERNMENT TO PUBLISH A BILL IN THE GAZETTE AS A GOVERNMENT NOTICE FOR THE PUBLIC'S INFORMATION (AS DISTINCT FROM PART OF THE LEGISLATIVE PROCESS). HOWEVER, SUCH AN ARRANGEMENT IS MOST UNUSUAL AND WILL LIKELY GIVE RISE TO SPECULATION AND CONFUSION. IT ALSO MEANS THAT THE BILL WILL HAVE TO BE RE-GAZETTED AS AND WHEN WE DECIDE TO PRESENT IT TO WE THEREFORE DO NOT PROPOSE TO PURSUE THIS OPTION.

PATTEN

LEGCO.

YYYY

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