GRS 450
SECRET
(202
SECRET
REQUIVE
29 JUN 1984
FM HONG KONG 271055Z JUN 34
TO IMMEDIATE PEKING
TELEGRAM NUMBER 1735 OF 27 JUNE
INFO IMMEDIATE F C O
OUR TELNO 1663.
FOR WILSON FROM DAVIES
حلام
My Home
A. unsider
FUTURE OF HONG KONG : CONSTITUTIONAL ARRANGEMENTS AND
GOVERNMENT STRUCTURE.
DURING OUR DISCUSSIONS HERE LAST WEEK (PARA 4(A) OF TUR) WE
PROMISED TO LET YOU HAVE A NOTE ON THE NEED FOR A DEPUTY CHIEF
EXECUTIVE (DCE) IN THE FUTURE SAR GOVERNMENT.
2. THE PROPOSAL THAT THERE SHOULD BE A DCE WAS INCLUDED IN PARA 10
OF OUR WORKING PAPER ON CONSTITUTIONAL ARRANGEMENTS. THE REASON FOR
THE PROPOSAL WAS THAT A DCE WAS REQUIRED TO PROVIDE CONTINUITY IN
THE EVENT OF THE SUDDEN DEATH OR INCAPACITY OF THE CE, AND PENDING THE ELECTION OF A SUCCESSOR. THE DCE WOULD, OF COURSE, ALSO ACT
OR DEPUTISE FOR THE CE DURING THE LATTER'S ABSENCE.
3. AT PRESENT PROVISIONS EXIST IN ARTICLES XVII AND XVIIA OF THE
LETTERS PATENT FOR THE APPOINTMENT OF AN ACTING GOVERNOR OR A
DEPUTY TO THE GOVERNOR. IN PRACTICE THE CHIEF SECRETARY IS NORMALLY
APPOINTED TO ACT OR DEPUTISE FOR THE GOVERNOR WHENEVER THE NEED
ARISES. AS IT IS ENVISAGED THAT THERE WILL BE A POST IN THE FUTURE
SAR GOVERNMENT EQUIVALENT TO THAT OF THE CHIEF SECRETARY, IT COULD
BE ARGUED THAT IN CONSTITUTIONAL AS DISTINCT FROM POLITICAL
TERMS THE HOLDER OF THAT POST WOULD BE ABLE TO ACT OR DEPUTISE
FOR THE CE AND THAT, THEREFORE, A DCE WOULD BE UNNECESSARY. AN
ALTERNATIVE COULD BE THE PRESIDING OFFICER OF THE LEGISLATURE.
4. ON POLITICAL GROUNDS NEITHER OF THE HOLDERS OF THESE POSTS OR
ANY OTHER WE COULD THINK OF IS A SUITABLE REPLACEMENT FOR AN ELECTED
CHIEF EXECUTIVE WHO MIGHT IN SOME CIRCUMSTANCES BE INCAPACITIATED FOR
POSSIBLY A PROLONGED PERIOD AND TO COVER THE SITUATION IN WHICH THE
CE DIES IN OFFICE. THE CE WOULD HAVE A DIFFERENT RELATIONSHIP WITH
THE LEGISLATURE AND EXECUTIVE AUTHORITIES FROM THAT WHICH EXISTS
BETWEEN THE GOVERNOR AND LEGCO/EXCO AT PRESENT AND WE WE WOULD WANT
THE MAINTAIN THE INDEPENDENCE OF THE PRESIDING OFFICER OF THE
LEGISLATURE EXCEPT IN THE LAST RESORT E.G. IF THE DCE WERE
INCAPICATED WHILST DEPUTISING OR ACTING AS CE. FOR ALL THESE
REASONS WE CONSIDERED THAT IT WAS ESSENTIAL FOR THERE TO BE A DCE
WHO IS, SO TO SPEAK, OF THE SAME ILK AS THE CE.
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