GR 300
SECRET
SECRET
クロッ
'90,
FM HONG KONG 130505Z MAR 84
TO FLASH PEKING
TELEGRAM NUMBER 187 OF 13 MARCH
INFO IMMEDIATE FCO
YOUR TELNO
(188)
HKKC040/1
RECEIVED IN REGISTRY
13 MAR 1984
DUSK OFFICEH
FUTURE OF HONG KONG: LEGCO DEBATE, INDEX
ANSWERS TO YOUR QUESTIONS ARE:
ام منو
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(A) LEGCO MEETING WILL START AT 1430 LOCAL TIME (06302) ON 14 MARCH. THERE IS OTHER GOVERNMENT BUSINESS BEFORE THE DEBATE
ON THE LOBO MOTION, WHICH IS EXPECTED TO START AT APPROXIMATELY
1515 LOCAL TIME, AND WHICH WILL PROBABLY LAST ABOUT THREE HOURS.
(B) STANDING ORDER 22(2) OF THE LEGISLATIVE COUNCIL PROVIDES THAT
''A NOTICE OF A MOTION OR AN AMENDMENT SHALL BE SUBMITTED TO THE
PRESIDENT, WHO SHALL DIRECT -
(A) THAT IT BE PRINTED IN THE TERMS IN WHICH IT WAS HANDED
IN: OR
JB 16/3
(B) THAT IT BE PRINTED WITH SUCH ALTERATIONS AS HE MAY DIRECT: OR
(C) THAT IT BE RETURNED TO THE MEMBER WHO SIGNED IT, AS BEING IN
HIS OPINION OUT OF ORDER.''
THIS SEEMS TO BE WHAT ZHOU NAN HAS IN MIND, BUT IT IS WELL
ESTABLISHED THAT DISCRETIONARY POWERS OF THIS SORT ARE NOT (NOT)
EXERCISED ARBITRARILY. THEY ARE EXERCISED UPON THE AUTHORITY OF
SPECIFIC PROVISIONS OF THE STANDING ORDERS OR UPON PREVIOUS
PRECEDENCE, INCLUDING HOUSE OF COMMONS PRACTICE AND PROCEDURE.
THERE IS NOTHING IN THE STANDING ORDERS OR PRECEDENTS THAT WOULD
AUTHORISE THIS PARTICULAR MOTION BEING RULED OUT OF ORDER. IN CONSEQUENCE THE ANSWERS TO YOUR QUESTIONS ARE:
(A) THE GOVERNOR DOES NOT HAVE THE POWER CONSTITUTIONALLY TO BLOCK
OR AMEND ANY MOTION PUT FORWARD IN LEGCO: AND
(B) THE GOVERNOR DOES NOT HAVE THE CONSTITUTIONAL POWER TO PREVENT
SUCH A MOTION BEING DEBATED AT ALL.
YOUDE
FUTURE OF HONG KONG
120
FLANNING STAFF
/PUSD
D/ED/PUSD
PES B. (MR TALKER)
LEGAL ADVISER (STR TAN SINCLAIR
PS
PS/LADY YOUNG
PSAR LUCE
PS/FUS
SER J BULLARD
SIR V HARDING TR WILSON
UR TIGHT STE C TICKELL
COPIES TO:
BUCKINGHAM PALACE
PS/LORD PRESIDENT OF THE COUNCI PS/HOME SECRETARY
PS/CHANCELLOR OF THE EXCHEQUER
PS/LORD PRIVY SEAL
PS/SECRETARY FOR TRADE & INDUSTRY
COPIES TO: (VIA ADE)
MR ROBERTS IGES D
IR BURROWS LEGAL ADVS
KR COLES NO 10 DOWNING ST
see
200
MR MARIMIN ASSESSMENT STAFF CABINET OFFICE
MR GOODALL CABINET OFFICE
MR BEKINNAN CABINET OFFICE
PS/S OF S FOR DEFENCE D PS/ATTORNEY GENERAL
SECRET
SIR P CRADOCK EV K196
BIR P CRADOCK NO 10 DOWNING SURFET