CO_1030_1459_HONG_KONG_CONSTITUTIONAL_DEVELOPMENT_1963_1965 — Page 239

Article XXII of Royal

Instructions.

Article VII of

Letters Patent.

Articles VIII and IX of Letters Patent.

Page 239

Page 239

The

All Unofficials are members of the Finance Committee.

Governor has an original and a casting vote.

5.

The power to legislate rests with the Governor "by and

with the advice and consent of the Legislative Council".

There are the usual reservations to the Crown of the power

of disallowance and the power to legislate, with the advice

of the Privy Council, "for the peace, order and good government

of the Colony".

Proposals for Change

6. Upon the re-establishment of civil government in 1946,

proposals for constitutional changes were made by the Governor

(Sir Mark Young). His recommendations were principally

concerned with the establishment of a Municipal Council in

place of the Urban Council (see separate Note on Urban

Council) but they did include minor modifications to the

constitution of the Legislative Council i.e. it would remain

wholly nominated but with an Unofficial majority of one (by

reduction of the number of nominated Officials) and an

extension of the practice whereby Unofficial members are

nominated by outside bodies (i.e. 2 Unofficial members to be

nominated by the Municipal Council. These proposals were

approved in principle and announced in the House of Commons

in 1947.

7. Draft legislation for the establishment of the proposed

Municipal Council was published in 1949. Shortly afterwards

the Legislative Council passed a motion by the senior

Unofficial member calling for the abandonment of the proposals

on the grounds that it had become increasingly evident that

the general public no longer considered them to be the best

means of achieving a fuller and more responsible share in the

management of their own affairs. The motion recommended

instead a more fundamental modification of the Legislative

Council, with an Unofficial majority and partly elected.

membership and suggested that the new Legislative Council,

when established, should consider whetherPage 23180í But4on of

the Urban Council should be modified.

SECRET

/8.