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Sir L. Missing
Mr. Røyle
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CONFIDENTIAL
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In your minute of 10 July you asked for my views on
points raised in the memorandum which Mr. Hilton Cheong-Leen
left with you on that afternoon.
2.
I should perhaps make one preliminary constitutional
point. The Royal Instructions to the Governor, which under
the terms of the Instructions themselves he is required to
communicate to members of Executive Council, require him "in
all cases" connected with the execution of his powers and
authorities to consult with Executive Council. (There are
exceptions allowed viz. matters on which such consultation
involves "material prejudice" to "Our service", or are too
unimportant to require reference to Ex. Co. or too urgent
to wait for their advice - more of these considerations would
arise in the matters covered by the memorandum now under
consideration). He is also empowered to act contrary to the
advice of Ex. Co. but if he does so is required to report
fully at once to the Secretary of State and members of Ex. Co.
are entitled individually if they so wish to have their views
"at length" reported to the Secretary of State. The implication
is that we govern Hong Kong through the Executive Council.
does not mean of course that we here should not discuss matters
of public policy with persons from Hong Kong outside Executive
Council. But it does involve some delicacy of handling to
ensure that we don't give the impression that we may be going
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CONFIDENTIAL