GRS 650

SECRET

DESKBY 13100OZ FCO

SECRET

FM HONG KONG 1309OOZ JAN 84

TO IMMEDIATE F C O

TELEGRAM NUMBER 93 OF 13 JANUARY

INFO IMMEDIATE PEKING

AKKOQHS

RECEIVED A BUGISTHY 13 JAN 1984

DESK UP CEN

INDEX

No

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See (

See

المعمد

HERIY, See (16)

FUTURE OF HONG KONG: WORKING PAPER ON GOVERNMENT STRUCTURE.

See (21)

MIFT CONTAINS A FIRST DRAFT OF A WORKING PAPER ON THE ABOVE SUBJECT WHICH, YOU WILL UNDERSTAND, WE HAVE PUT TOGETHER IN SOME HASTE. IT IS BASED ON THE PAPER ON 5 JANUARY DISCUSSED BY EXECUTIVE

COUNCIL. IT HAS BEEN FORMULATED ON THE PRINCIPLE THAT CONSTITUTIONAL

DEVELOPMENTS AFFECTING THE STRUCTURE OF THE GOVERNMENT UP TO 1997 ARE A MATTER FOR HMG AND HKG AND ARE NOT FOR NEGOTIATION WITH THE CHINESE. HOWEVER, WE RECOGNISE THAT THEY MUST NOT BE INCOMPATIBLE WITH THE ESTABLISHMENT OF THE AUTONOMOUS SAR ON THE 1 JULY 1997.

2. WE HAVE THE FOLLOWING COMMENTS ON THE PAPER:

(1) THE CHINESE PROPOSALS. WE HAVE TAKEN THESE FROM YAO GUANG'S STATEMENT ON THE 14 NOVEMBER. THERE HAS BEEN NO FURTHER DEVELOPMENT OF THESE PROPOSALS IN THE TALKS SO FAR AS WE ARE AWARE WE WOULD BE GRATEFUL FOR PEKING'S COMMENTS.

(2) PARAGRAPH 7.

(1) FIRST SENTENCE. WE HAVE REFERRED IN SQUARE BRACKETS TO THE DEPUTY, ALTHOUGH THERE WAS NO REFERENCE TO THIS POST IN THE MEMORANDUM WHICH WAS PUT TO THE EXECUTIVE COUNCIL WE HAVE FORESEEN THE NEED FOR SUCH A POST IN ORDER TO PROVIDE CONTINUITY IN THE EVENT OF DEATH OR INCAPACITY OF THE CHIEF EXECUTIVE.

(11) SECOND SENTENCE. THE CHINESE HAVE SAID THAT THE APPOINTMENT OF THE CHIEF EXECUTIVE WOULD NEED THE CONIRMATION OF THE CPG. IT IS UNUSUAL FOR ANY APPOINTMENT BY ELECTION TO BE SUBJECT TO FURTHER CONFIRMATION. MOREOVER IT DETRACTS FROM THE AUTONOMY OF THE SAR. IT IS FOR CONSIDERATION WHETHER THE SENTENCE IN SQUARE BRACKETS SHOULD BE OMITTED. IF IT WERE AND IF THE CHINESE THEN SOUGHT TO INCLUDE SUCH A PROVISION IT WOULD ENABLE THE BRITISH SIDE TO REFER TO THE CHINESE STATEMENT ABOUT THE AUTONOMY OF THE SAR AND TO ARGUE THAT CONFIRMATION BY THE CPG WAS UNNECESSARY.

(111) IN THE EARLIER DRAFT PREPARED BY SIR EDWARD YOUDE, IT WAS PROPOSED THAT THE ELECTION OF THE CHIEF EXECUTIVE BY THE LEGISLATIVE COUNCIL WOULD ONLY OCCUR ONCE THE COUNCIL HAD ITSELF BECOME AN ELECTED BODY. SINCE THE LIKLIHOOD IS THAT THIS WILL OCCUR IN THE NEXT FEW YEARS, WE DO NOT THINK IT APPROPRIATE TO MAKE SUCH A REFERENCE IN A WORKING PAPER DEALING WITH THE

IMPLICATIONS OF THE CHINESE PROPOSALS AFTER 1997. WE HAVE THEREFORE

OMITTED IT.

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