CONFIDENTIAL
17019
OCMIAN 7019
CONFIDENTIAL
OO HOKON
FM FCOLN TO HOKON
161400Z OCT
GRS 620
CONFIDENTIAL
HKK Oll
RECEIVED IN REGIStay
1 7 OCT 1985
DESK OFFICER
FM FCO
TO IMMEDIATE HONG KONG
TELNO 1574
INDEX
OF 161400Z OCTOBER 85
INFO IMMEDIATE PEKING
PA
REGISTRY
Action Taken
YOUR TELNO 2116: DEBATE ON BASIC LAW IN LEGGO
1. WE AWAIT YOUR FURTHER COMMENTS ON THE POLITICAL ASPECTS OF
MARTIN LEE'S CALL FOR A LEGCO DEBATE ON THE BASIC LAW (PARA 5 OF
TUR). IN THE MEANTIME, YOU MAY FIND IT HELPFUL TO HAVE
-RELIMINARY COMMENTS FROM HERE (AT OFFICIAL LEVEL) ON BOTH THE
LEGAL AND POLITICAL ASPECTS.
2.
LEGAL ADVICE IS THAT UNDER THE CURRENT LETTERS PATENT,
ROYAL INSTRUCTIONS AND STANDING ORDERS, IT WOULD BE IN ORDER FOR
A MOTION TO BE INTRODUCED IN LEGCO ON THE BASIC LAW. THERE IS NO
SPECIFIC DEFINITION OF THE FUNCTIONS OF LEGCO: THE ARGUMENT IN
PARA 3 OF TUR (THAT THE SCOPE OF DEBATE IS ANCILIARY TO THE
LEGISLATISLATIVE FUNCTION) DEPENDS UPON A RESTRICTIVE
INTERPRETATION IMPLIED FROM THE TITLE OF THE COUNCIL. HOWEVER
PARAGRAPH XXIV OF THE ROYAL INSTRUCTIONS DISREGARDS SUCH AN
IMPLICIT ARGUMENT IN ALLOWING ANY MEMBER 'TO PROPOSE ANY QUESTION
FOR DEBATE'.
3. THERE IS A QUESTION WHETHER THE REMAINING WORDS OF THE FIRST
SENTENCE OF PARAGRAPH XXIV ARE CAPABLE OF RESTRICTING THE SUBJECT
OF DEBATE OR ARE CONFINED TO THE MEANS (EG THE DEBATE MUST BE
SUBSTANTIVE AND THE MATTER MUST NOT BE RAISED ON THE ADJOURNMENT
OR BY QUESTIONS) BY WHICH IT MAY BE EXERCISED. SO 31 DOES, IN
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