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meltata will
SECRET
FM HONG KONG
TO PRIPORTY FCO
TELNO 2909
Secret
OF 30064OZ DECEMBER 85
INFO PRIORITY PEKNING
HAR OU!!
RECEIVED IN REGISTRY
- 3 JAN 1986
AJB 31,
MY P: PART # : THE PRESENT SITUATION : THE FUTURE DEVELOPMENT OF REPRESENTATIVE GOVERNMENT IN HONG KONG THE BASIC LAW AND
THE 1987 REVIEW
FOLLOWING HIS PART # OF THE PAPER.
(NEXT TEN WORDS UNDERLINED) THE GOVERNMENT OF HONG KONG AND
TS RELATIONSHIP WITH H.M.G.
1. THE GOVERNOR AS THE REPRESENTATIVE OF THE QUEEN, HAS ULTIMATE DIRECTION OF THE ADMINISTRATION OF HONG KONG AND IS THE TITULAR
COMMANDER-HN CHIEF. HE PRES DES OVER THE EXECUTIVE COUNCIL AND THE
LEGISLATIVE COUNCIL. THE EXECUTIVE COUNCILS THE PRINCIPAL POLICY
MAKING BODY. THE LEGISLATIVE COUNCIL MAKES LAWS AND AUTHOR SES
PUBLIC EXPENDITURE. THE GOVERNOR DERIVES HIS AUTHORITY FROM THE LETTERS PATENT AND ROYAL INSTRUCTIONS, WHICH ESTABLISH THE FRAMEWORK
OF THE ADMINISTRATION OF HONG KONG AND FORM THE CONS+TUTION OF HONG KONG
2. UNDER THIS CONSTITUTION HONG KONG ENJOYS CONDITIONAL AUTONOMY.
ARTICLE VH OF THE LETTERS PATENT EMPOWERS THE GOVERNOR, ACTING TOGETHER WITH THE LEGISLATIVE COUNCIL TO MAKE LAWS FOR THE PEACE, ORDER, AND GOOD GOVERNMENT OF THE COLONY''. IN THE LAST RESORT, PARLIAMENT HAS POWERS TO LEGISLATE FOR HONG KONG AND ANY SUCH
LEGISLATION TAKES PRECEDENCE OVER HONG KONG LAWS. FURTHER, ANY HONG KONG ORDINANCES SUBJECT TO DISALLOWANCE BY THE CROWN. (NEXT TWO WORDS UNDERLINED) IN PRACTICE, THESE POWERS HAVE NOT BEEN EXERCISED IN RECENT TIMES: AND HONG KONG ENJOYS BY CONVENTION, A MUCH GREATER DEGREE OF AUTONOMY THAN APPEARS FROM ITS CONSTITUTIONAL
EC DOCUMENTS. THIS INCLUDES AUTONOMY IN DHDING ON PUBLIC EXPENDITURE AND MEANS OF RAMS NG REVENUE.
Адилов
3. THE POWERS OF HMG ALSO EXTEND TO SENHOR PUBLIC SERVICE APPOINTMENTS AND APPOINTMENTS OF APPOINTED MEMBERS OF THE LEGISLATIVE COUNCIL, BUT IT IS RARE FOR THE SECRETARY OF STATE NOT TO ACCEPT PROPOSALS PUT FORWARD BY THE GOVERNOR.
4. N PRACTICE, HMG EXERCISES ITS POWERS ONLY IN RELATION TO CONSTITUT HONAL ISSUES, TO MATTERS CONCERNED WITH HONG KONG'S EXTERNAL RELATIONS (OTHER THAN COMMERCIAL) AND SECURITY: AND ITS RESERVE POWERS IN SPECIFIED MATTERS SUCH AS BANKING.
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THE GOVERNOR.
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