92500
CONFIDENTIAL
DESKBY 06083OZ
FM HONG KONG C60402Z FEB 35
TO IMMEDIATE FCO
CONFIDENTIAL
HICK Onli
OF
RECEIVED IN HUGO
6 FEB 1385
COPY
TELEGRAM NUMBER 285 OF 6 FEBRUARY
Dr
INFO PRIORITY PEKING
PA
otsun Tube.
YOUR TELNO 205: AMENDMENTS TO LETTERS PATENT AND ROYAL
RESERVED POWERS OF LEGISLATION FOR THE GOVERNOR.
INSTR
NSTRUCTIONS
1. I DO NOT CONSIDER THAT IT WOULD BE EITHER DESIRABLE OR APPROPRIATE
TO INCLUDE IN THE LETTERS PATENT PROVISION FOR RESERVED POWERS OF
LEGISLATION FOR THE GOVERNOR FOR THE FOLLOWING REASONS:
(A) IT WOULD NOT BE POSSIBLE TO INTRODUCE THE PROVISION WITHOUT IT
BEING SEEN AS A MAJOR CONSTITUTIONAL CHANGE AND ATTRACTING
INTENSE PUBLIC COMMENT IN HONG KONG. IT WOULD BE INTERPRETED AS
A RESOUNDING DECLARATION OF NO CONFIDENCE IN THE PROCESS OF
ESTABLISHING MORE REPRESENTATIVE GOVERNMENT IN HONG KONG AND
IN THE NEW STYLE LEGISLATIVE COUNCIL:
(B) IT WOULD BE INCONSISTENT WITH THE SPIRIT OF ANNEX | OF THE
AGREEMENT ON THE FUTURE OF HONG KONG WHICH PROVIDES FOR A
LEGISLATURE CONSTITUTED BY ELECTIONS, SAYS THAT THE EXECUTIVE
AUTHORITIES SHALL ABIDE BY THE LAW AND SHALL BE ACCOUNTABLE
TO THE LEGISLATURE, AND THAT THE LEGISLATIVE POWER SHALL BE
VESTED IN THE LEGISLATURE. WE FOUGHT VERY HARD IN THE
NEGOTIATIONS FOR AN ELECTED LEGISLATURE AND AN EXECUTIVE
ACCOUNTABLE TO IT. IT WOULD BE HIGHLY DAMAGING FOR HMG NOW, IN EFFECT, TO DECLARE PUBLICLY ITS LACK OF FAITH IN ITS OWN
PROPOSALS.
(C) IT WOULD GIVE THE CHINESE GOVERNMENT THE OPPORTUNITY AND EXCUSE
TO PROVIDE SIMILAR POWERS FOR THE CHIEF EXECUTIVE OF THE SAR
IN THE BASIC LAW, WHICH WOULD BE HIGHLY UNDESIRABLE.
(D) IN PRACTICE, IT WOULD BE ALMOST IMPOSSIBLE FOR THE GOVERNOR
TO EXERCISE SUCH A POWER IN THE POLITICAL CIRCUMSTANCES OF
HONG KONG, PARTICULARLY AS WE APPROACH 1997. THE PRECEDENTS
OF FORMER BRITISH DEPENDENT TERRITORIES IN THE 1950'S HAVE
LITTLE RELEVANCE TO PRESENT-DAY HONG KONG: AND
(E) IN ANY EVENT IT IS UNNECESSARY, BECAUSE THE GOVERNOR ALREADY
HAS VERY WIDE POWERS UNDER EMERGENCY LEGISLATION TO DEAL WITH
CRISIS SITUATIONS: AND HE COULD, IF NECESSARY, REQUEST HMG TO
AMEND THE ROYAL INSTRUCTIONS TO PROVIDE FOR THE APPOINTMENT OF
ADDITIONAL OFFICIAL MEMBERS OF THE LEGISLATIVE COUNCIL TO
ENSURE THAT ESSENTIAL LEGISLATION IS PASSED. IT WOULD STILL
ALSO BE POSSIBLE, AS A LAST RESORT, FOR HMG EITHER TO LEGISLATE
DIRECTLY OR, IN THE HIGHLY UNLIKELY EVENT OF THE NEED ARISING,
TO AMEND THE LETTERS PATENT TO PROVIDE THE GOVERNOR WITH
RESERVED POWERS OF LEGISLATION TO COVER THE SPECIFIC NEED.
CONFIDENTIAL
12.