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GR 350
CONFIDENTIAL
DESKBY 06083OZ
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FM HONG KONG 060404Z FEB 35
TO IMMEDIATE FCO
TELEGRAM NUMBER 296 OF 6 FEBRUARY
INFO PRIORITY PEKING
Kl.
COPY
6 FEB 1385
Bon Taken
YOUR TELNO 205: AMENDMENTS TO LETTERS PATENT AND ROYAL INSTRUCTIONS RESERVATION OF BILLS AFFECTING THE POWERS, PRIVILEGES AND IMMUNITIES
OF THE LEGISLATIVE COUNCIL AND ITS MEMBERS.
1. I DO NOT AGREE THAT IT IS NECESSARY TO PROVIDE IN THE ROYAL
INSTRUCTIONS, FOR THE RESERVATION FOR PRIOR INSTRUCTIONS OF BILLS
AFFECTING THE POWERS, PRIVILEGES AND IMMUNITIES OF THE LEGISLATIVE
COUNCIL AND ITS MEMBERS, FOR THE FOLLOWING REASONS:-
(A) ALTHOUGH IT MAY HAVE BEEN THE PRACTICE IN OTHER DEPENDENT
TERRITORIES SUCH AS TANGANYIKA, PRIOR TO THEIR BECOMING
INDEPENDENT, THE SAME POLITICAL AND CONSTITUTIONAL CIRCUM-
STANCES DO NOT APPLY TO HONG KONG:
(B) IT WOULD BE SEEN IN HONG KONG AS REFLECTING A LACK OF CONFIDENCE
IN THE LEGISLATIVE COUNCIL AND IN THE STANDARDS OF BEHAVIOUR
OF MEMBERS OF THE LEGISLATIVE COUNCIL (NOT TO MENTION A LACK OF CONFIDENCE IN THE GOVERNOR):
(C) IT IS AN ENTIRELY NEW IDEA AND HAS NO OBVIOUS CONNECTION WITH THE DEVELOPMENT OF MORE REPRESENTATIVE GOVERNMENT IN HONG KONG AND THE INTRODUCTION OF ELECTIONS TO THE LEGISLATIVE COUNCIL THIS YEAR: AND
(D) IT IS ALREADY THE PRACTICE TO SEEK CONFIDENTIALLY THE
CONCURRENCE OF HMG TO ITEMS OF LEGISLATION ON MATTERS OF
THIS SORT ADMINISTRATIVELY BY CORRESPONDENCE, AND THIS PRACTICE HAS WORKED SATISFACTORILY.
2. AS YOU KNOW, WE INTEND TO INTRODUCE A BILL DEALING WITH THE POWERS, PRIVILEGES AND IMMUNITIES OF THE MEMBERS OF THE LEGISLATIVE COUNCIL INTO THE COUNCIL DURING THE CURRENT SESSION. HE DRAFT BILL HAS ALREADY BEEN DISCUSSED ONCE BY EXCO (SEE MEMORANDUM XCC(84)97 OF 24 AUGUST) AND HAS BEEN REFERRED TO UMELCO FOR THEIR VIEWS, PRIOR TO FURTHER CONSIDERATION BY EXCO. THEY WOULD IN THIS CONTEXT (AND QUITE RIGHTLY) REGARD YOUR PROPOSAL AS AN EXPRESSION OF LACK OF CONFIDENCE (SEE 1(B) ABOVE).
YOUDE
LIMITED
HKD
FED
SIR W. HARDING
·
MRWILSON
CONFIDENTIAL