CONFIDENTIAL/FUTURE EGRET
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THAT THESE POWERS WILL BE NEEDED IF ONLY TO PROVIDE FLEXIBILITY OVER THE DATES OF ELECTIONS BETWEEN NOW AND 1997. WE ALSO BELIEVE THAT IF SUCH POWERS ARE TO BE INTRODUCED, IT SHOULD BE DONE NOW. EVEN THOUGH IT IS UNLIKELY THAT THEY WOULD BE USED BETWEEN NOW AND 1988, TO INTRODUCE THEM LATER WOULD BE MUCH MORE DIFFICULT, AND OPEN TO PRECISELY THE KIND OF OBJECTIONS YOU ARE
NOW RAISING ON THE QUESTION OF THE GOVERNOR'S RESERVE POWERS OF
LEGISLATION.
4. IT IS TRUE THAT THE EXISTENCE OF SUCH POWERS, ASSUMING THAT WE LEAVE THEM IN BEING UNTIL 1997, MAY PROVIDE THE CHINESE A GOO
ARGUMENT FOR GIVING THE CHIEF EXECUTIVE SIMIAR POWERS IN THE
SAR, THOUGH THEY WILL HAVE THE OPPORTUNITY TO DO THIS WHETHER OR
NOT WE INTRODUCE THE POWERS OURSELVES. WE ARE BY NO MEANS CONVINCED THAT THIS WOULD BE A BAD THING, PROVIDED THAT IT WAS FIRMLY COUPLED WITH THE REQUIREMENT TO HOLD FRESH ELECTIONS
WITHIN A SPECIFIED AND REASONABLY SHORT PERIOD FROM THE DISSOLUTION. (THIS WOULD BE PROVIDED BY FIFOOT'S PROPOSED AMENDMENTS: HUM'S LETTER OF 27 DECEMBER). WITHOUT SUCH A POWER, THERE WOULD BE A DANGER OF DEADLOCK BETWEEN THE EXECUTIVE AND
LEGISLATURE. WE THINK THAT IT MAY WELL BE BETTER TO PROVIDE A
CONSTITUTIONAL WAY OUT OF SUCH A SITUATION THROUGH FRESH ELECTIONS: OTHERWISE THE TEMPTATION WILL BE FOR THE EXECUTIVE TO
SEEK TO BYPASS THE LEGISLATURE IN LESS ACCEPTABLE WAYS. CONSEQUENTLY WE SEE THE POWER OF DISSOLUTION AS TENDING TO STRENGTHEN DEMOCRACY RATHER THAN THE REVERSE.
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5. WE APPRECIATE YOUR CONCERN ABOUT TIMING OF THE PUBLICATION
OF THE DRAFT BILL AND ITS INTRODUCTION TO LEGCO. THE ADVICE HERE
IS THAT WHILE IT WOULD NOT BE UNCONSTITUTIONAL FOR YOU TO GAZETTE
THE BILL BEFORE THE ROYAL ASSENT HAS BEEN OBTAINED FOR THE AMENDMENTS TO THE LETTERS PATENT AND ROYAL INSTRUCTIONS, IT WOULD BE ADVISABLE TO INFORM THE PALACE IN ADVANCE. ONCE WE HAVE AGREEMENT ON THE OUTSTANDING POINTS WE SHALL DO THIS. ASSUMING
THAT NO OBLIGATION IS RAISED, IT SHOULD BE POSSIBLE TO MAINTAIN YOUR TIMETABLE. BUT SINCE THE QUESTION OF DISSOLUTION REMAINS
UNRESOLVED, WE SUGGEST YOU HAVE AVAILABLE AN ALTERNATIVE TO YOUR
PRESENT VERSION WHICH ALLOWS FOR THE POWER OF DISSOLUTION TOGETHER
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CONFIDENTIAL/FUTURE EGRET