(B)
(C)
(D)
SECRET
5005 - 1
CANVAS IN PARA 4 ET SEQ OF PART III.
PARA 2 LINE 1. LEGAL ADVISERS BELIEVE THAT THIS SENTENCE AS DRAFTED IS INCORRECT, AND THAT IT IS DESPITE ITS CONSTITUTION THAT HONG KONG ENJOYS IN PRACTICE CONSIDERABLE FREEDOM TO REGULATE ITS OWN AFFAIRS. THEY SUGGEST THAT LINE 1 BE OMITTED, IN ORDER TO ALLOW YOU TO LEAD UP TO THE DIFFERENCE BETWEEN APPEARANCE (IN THE DOCUMENTS) AND REALITY IN THE FIFTH SENTENCE OF PARA 2. THEY HAVE ALSO COMMENTED THAT PARA 2 IS NOT COMPREHENSIVE IN ITS CATALOGUE OF EXISTING LEGAL POWERS: NOT ONLY MAY PARLIAMENT LEGISLATE, BUT THE CROWN HAS BOTH A CONSTITUTIVE POWER AND AN ORDINARY LEGISLATIVE POWER: FURTHER, THE GOVERNOR IS SUBJECT TO DIRECTIONS BY THE CROWN UNDER ARTICLE II OF THE LETTERS PATENT, DIRECTIONS WHICH MAY EXTEND TO ANY MATTER OF ADMINISTRATION, NOT ONLY TO CONSTITUTIONAL MATTERS. LEGAL ADVISERS DO NOT LIKE THE PHRASE BY CONVENTION' IN THE FIFTH SENTENCE, SINCE ANY SUCH CONVENTION WOULD HAVE THE EFFECT OF MODIFYING THE RELATIONSHIP BETWEEN THE GOVERNOR AND THE CROWN, AND WOULD PREFER THE PHRASE 'IN
PRACTICE'.
PARA 3. WE SUGGEST THAT APPROVAL OF BE INSERTED BEFORE 'SENIOR', AND 'EXECUTIVE AND' BEFORE 'LEGISLATIVE
COUNCILS'.
PARA 4. WE FEEL THAT, TO GIVE A COMPLETE PICTURE, THIS NEEDS TO BE EXPANDED TO EXPLAIN THAT THIS PRACTICE IS BASED UPON A HIGH DEGREE OF MUTUAL TRUST BETWEEN HMG AND HKG, AND THAT THIS IN TURN IS BASED ON VERY FREQUENT (NEXT WORD UNDERLINED) INFORMAL CONSULTATIONS BETWEEN HKG AND THE SECRETARY OF STATE AND HIS ADVISERS.
(E)
PARA 5. LEGAL ADVISERS WOULD PREFER 'BY CONVENTION' TO BE REPLACED BY 'IN PRACTICE IN BOTH INSTANCES, BUT
ESPECIALLY THE FIRST.
(F)
1
PARA 6. WE SUGGEST THAT IN THE LAST SENTENCE AFTER 'HONG KONG SHOULD BE ADDED OR INDEED THOSE INSIDE HONG KONG
BUT OUTSIDE THE MACHINERY OF GOVERNMENT'.
2
SECRET
KCO
40/1921
((a)