2.

CONFIDENTIAL

The following proposed procedure, based on the

put t

Governor's proposals, has been approved

broadly isolated

the

Secretary of State and agreed with Hong Kong

and agreed

3. If the Governor notifies us that he intends

to take a decision to let the law take its course

in a specific case, the Secretary of State will

need to decide whether

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(a)

to support the Governor;

(b)

change the law;

(c) consult with his Ministerial

colleagues, either without a

recommendation, or recommending

that the law be changed.

If Ministers decide that the law must be changed,

we should inform the Governor within five weeks

of receiving his preliminary conclusions (or

four weeks if we go back to him with further

comments), so that Executive Council can be

informed before an Order is presented to the Privy

Council. The Executive Council would then have

three weeks for consideration.

This makes the

time-table eight weeks in all. An Order in

Council would then be made (the legal aspects of

a draft Order having been cleared in advance with

Hong Kong). If the Executive Council decision is

known before the end of their three-week period,

we would in normal circumstances be able to make

the Order+in+Council within the overall eight-

week period or very shortly thereafter.

delay of more than a week or two is expected we

If a

4239

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CONFIDENTIAL

/could

(3001) Dd.145244 400m 8/73 L.Ltd. Gp.839

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