PP HONG KONG
GRS 348
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FUTURE EGRET
26914
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SECRET
FUTURE EGRET
FM FCO 19084OZ JUN 84
TO PRIORITY HONG KONG
TELEGRAM NUMBER 1127 OF 19 JUNE
AND TO PRIORITY PEKING
PERSONAL FOR GOVERNOR FROM CLIFT
FUTURE OF HONG KONG: EXCO
HKCK
011/3
EO IN REGISTRY
20 JUN1984
OFFICER
PA
STAY
NO
The
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IN YOUR DISCUSSION WITH THE PUS ON 24 MAY YOU SAID THAT
THERE WAS A DANGER THAT SOME OF THE UNOFFICIAL MEMBERS OF THE
EXECUTIVE COUNCIL MIGHT RESIGN WHEN A DRAFT AGREEMENT WAS
PUBLISHED. THIS WOULD LEAVE THE GOVERNOR ACTING WITHOUT THE
FULL ADVICE OF HIS EXECUTIVE COUNCIL. YOU ADDED THAT THE
HONG KONG GOVERNMENT IS CONSTITUTED BY THE GOVERNOR
ACTING ON THE ADVICE OF EXCO AND THAT THE HONG KONG GOVERNMENT
WAS NOT AN ENTITY ON ITS OWN SEPARATE FROM EXCO.
RESIGNATIONS WOULD CREATE A VERY DIFFICULT SITUATION,
ALTHOUGH IT WOULD BE CONSTITUTIONAL FOR THE HONG KONG
GOVERNMENT TO CONTINUE TO FUNCTION.
2
SUCH
THE CHIEF SECRETARY IN HIS TELEGRAM TO YOU IN PEKING (HONG KONG TELNO 437 OF 31 MAY TO PEKING) SAID THAT 'WITHOUT A PROPERLY CONSTITUTED EXECUTIVE COUNCIL, THERE WOULD BE NO
PROPER GOVERNMENT OF HONG KONG. AS IT IS UNLIKELY THAT THE
UNOFFICIALS, IF OVERRULED, WOULD STAY, THEY WOULD HAVE TO
BE REPLACED.'
3 THE ADVICE OF THE DEPARTMENT'S LEGAL COUNSELLOR IS THAT
ROYAL INSTRUCTION IX ENABLES THE EXECUTIVE COUNCIL TO
CONTINUE TO FUNCTION NOTWITHSTANDING ANY VACANCY IN ITS MEMBERSHIP, PROVIDED THE SPECIFIED QUORUM IS PRESENT. QUORUM IS FOUR BESIDES THE PERSON PRESIDING: IN OTHER WORDS
OFFICIAL MEMBERS ALONE COULD MAKE UP A QUORUM. INSTRUCTION III ENABLES, BUT DOES NOT OBLIGE, THE GOVERNOR TO APPOINT
THE
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