CONFIDENTIAL
NKK 19 Flag (20)
Flag &
nine, including the Governor, against 17 locally appointed people. It would be possible to require the new Members to accept the formal advice of the Governor on the use of their votes, but our Legal Advisers are doubtful whether this would be sufficient to maintain the Constitu- tional power of the Crown. In other territories this has been maintained by providing reserve powers for the Governor to act independently of LegCo. But in Hong Kong this would have the effect of making it plain to the Chinese Government that Hong Kong's Legislative Council was now in some respects an independent body with an authority of its own. I doubt if they would accept this. 7. The solution might be to make room for the new ex-officio Members by reducing the 13 seats at present held by nominated unofficials. This would have the appearance of reducing local autonomy, since the Governor would be able to count on a majority of votes without his casting vote. But if, as the Governor suggests, what is needed is that power should be seen to be exercised by local people, then the voting balance in Legislative Council, which in practice is never tested,is perhaps of less
importance.
8.
Since writing his despatch the Governor has also informed us (Hong Kong telegrams No. 610 and 611) of his recommendations for filling a number of vacancies in Executive and Legislative Councils which will occur at the end of June. Brief biographies of those he recommends are attached. Appointments to Executive Council should, under the Royal Instructions, be for 5 years and to Legislative Council for 4 years, though shorter periods can be specified.
9. The Governor accepts that his recommendations are
conventional in the sense that they are for much the same
/sort
CONFIDENTIAL
い
N