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CONFIDENTIAL
CONFIDENTIAL HKK
COPY 6FEB 185
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DESKBY 06083OZ
FM HONG KONG 06040OZ FEB 35
TO IMMEDIATE FCO
TELEGRAM NUMBER 284 OF 6 FEBRUARY
INFO PRIORITY PEKING
PA
YOUR TELNOS 204 AND 205: AMENDMENTS TO LETTERS PATENT AND ROYAL INSTRUCTIONS AND LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) BILL.
1. MY FOUR IFTS CONTAIN MY COMMENTS ON:
(A) THE PROPOSAL FOR RESERVED POWERS OF LEGISLATION FOR THE
GOVERNOR:
(3) THE PROPOSAL FOR THE RESERVATION OF BILLS AFFECTING THE POWERS,
PRIVILEGES AND IMMUNITIES OF THE LEGISLATIVE COUNCIL AND ITS
MEMBERS:
(C) THE PROPOSAL FOR THE GOVERNOR TO HAVE THE POWER OF DISSOLUTION:
AND
(D) THE TIMING OF THE INTRODUCTION INTO LEGCO OF THE LEGISLATIVE
COUNCIL (ELECTORAL PROVISIONS) BILL.
2. I HAVE THREE GENERAL COMMENTS. THE FIRST IS THAT WE SHOULD NOT
BE DISTRACTED BY WHAT WAS DONE IN PLACES SUCH AS KENYA AND SINGAPORE IN THE 1950'S, THE SMALLER CARIBBEAN ISLANDS NOR BY THE SPECIAL CIRCUMSTANCES OF THE FALKLANDS. THE CIRCUMSTANCES AND REQUIREMENTS OF HMG IN THOSE CASES WERE COMPLETELY DIFFERENT FROM THOSE WHICH
NOW EXIST IN AND PERTAIN TO HONG KONG IN THE 1980'S IN THE LIGHT
OF THE AGREEMENT WITH THE CHINESE. IT IS THE NEED TO GIVE HONG KONG
THE BEST POSSIBLE CHANCE OF DEVELOPING AND MAINTAINING AFTER 1997
A CREDIBLE POLITICAL AND CONSTITUTIONAL STRUCTURE WHICH MUST BE
OVERRIDING. HMG MUST NOT SHOW ITSELF NERVOUS ABOUT THE CONSEQUENCE
OF THE EXTENSION OF REPRESENTATIVE GOVERNMENT HERE.
3. THE SECOND GENERAL POINT IS THAT EVERY NEW RESERVATION OR
RESTRICTION ON REPRESENTATIVE GOVERNMENT IN THE FORM OF NEW POWERS
FOR THE GOVERNOR WILL PROVIDE A HEAVEN-SENT OPPORTUNITY FOR THE
CHINESE TO INSERT SIMILAR LIMITATIONS IN THE BASIC LAW AND ARGUE
CONVINCINGLY THAT IF HMG THINK THEM NECESSARY BEFORE 1997 THE WILL
CERTAINLY BE NECESSARY AFTERWARDS.
4. THE THIRD POINT IS THAT THE TIMETABLE IS EXCEEDINGLY TIGHT IF
WE ARE TO GET THINGS TO A POINT WHERE ELECTIONS CAN BE HELD IN
SEPTEMBER. THERE IS THUS, IN ANY CASE, NO TIME FOR THE AMOUNT OF
CONSULTATION WHICH WOULD BE NEEDED ON CONSTITUTIONAL CHANGES NOT
ALREADY COVERED BY THE GREEN AND WHITE PAPERS LAST YEAR.
CONFIDENTIAL
15.