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CONFIDENTIAL/FUTURE-
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12 FEB 1985
GRS 649
CONFIDENTIAL
FUTURE EGRET
FM FCO 111200Z FEBRUARY 85
TO IMMEDIATE HONG KONG
TELEGRAM NUMBER 243 OF 11 FEBRUARY
INFO
PEKING
16
YOUR TELNOS 284-9: AMENDMENTS TO LETTERS PATENT AND ROYAL
INSTRUCTION AND LEGCO (ELECTORAL PROVISIONS) BILL
1. WE HAVE CONSIDERED CAREFULLY THE POINTS MADE IN TURS. THE
SECRETARY OF STATE HAS DECIDED THAT HE WILL NEED TO CONSULT HIS
COLLEAGUES ON THE MATTERS RAISED. WE SHALL TRY TO DO THIS OUT OF
COMMITTEE, SINCE THERE IS NO POSSIBILITY OF A FORMAL MEETING
BEFORE 26 FEBRUARY. YOU MAY FIND IT USEFUL TO HAVE A PRIOR
INDICATION OF HOW WE NOW SEE THE THREE PROBLEMS AT OFFICIAL
LEVEL.
*
2. ON THE QUESTION OF THE GOVERNOR'S RESERVED POWERS (YOUR
TELNO 285) AND THE RESERVATION OF BILLS AFFECTING LEGCO'S POWERS,
PRIVILEGES AND IMMUNITIES (YOUR TELNO 286) WE FEEL THAT THE
ARGUMENTS ARE MORE FINELY BALANCED THAN YOU SUGGEST. WHILE
AGREEING THAT CIRCUMSTANCES IN HONG KONG ARE DIFFERENT FROM THOSE
IN OTHER TERRITORIES, WE DO NOT BELIEVE THAT ALL THE PRECEDENTS
ARE WHOLLY IRRELEVANT. BUT ON BALANCE WE ACCEPT YOUR ARGUMENTS
THAT THE GOVERNOR SHOULD NOT BE GIVEN RESERVE POWERS OF
LEGISLATION, AND THAT ASSENT SHOULD NOT BE RESERVED ON BILLS
AFFECTING THE POWERS, PRIVILEGES AND IMMUNITIES OF THE
LEGISLATIVE COUNCIL, AND WILL SO RECOMMEND. THE BASIS FOR
THIS JUDGMENT IS THAT SUFFICIENT POWERS PROBABLY EXIST IN THE
LETTERS PATENT AS AT PRESENT CONSTITUTED TO DEAL WITH ANY
DIFFICULTIES WHICH MAY ARISE ON THESE SCORES. WE CANNOT OF
COURSE GUARANTEE THAT MINISTERS WILL TAKE THE SAME VIEW. YOUR
VIEWS WILL OF COURSE BE FULLY REPRESENTED TO THEM.
3. WE CONTINUE HOWEVER TO HAVE STRONG RESERVATIONS ON THE
QUESTION OF POWERS OF DISSOLUTION OF THE LEGISLATURE. WE BELIEVE
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CONFIDENTIAL/FUTURE EGRET