175
TOP COPY
ZCZC
MILNAN 6367 OCMIAN 6367
SECRET
DD 02010OZ HOKON
FM FCOLN TO HOKON
011745Z APR
GRS 485
SECRET
FM FCO
TO DESKBY 020100Z HONG KONG
TELNO 591
OF 011745Z APRIL 86
SECRET
26367 2
HKR 01/1
4 APR 1986
(X
INDEX
AjB4/4.
INFO IMMEDIATE PEKING
176
YOUR TELNOS 936, 938 AND 939: REPRESENTATIVE GOVERNMENT, BASIC
LAW AND THE 1987 REVIEW
PENDING ANY FURTHER AMENDMENTS THAT EXCO MAY PROPOSE, WE
WOULD LIKE TO TAKE UP TWO POINTS IN YOUR FIRST TUR.
1.
2.
LEGAL ADVISERS ARE UNHAPPY WITH THE REVISED DEFINITION OF
'EXECUTIVE' IN PARA 12 OF YOUR SECOND TUR. THEY HAVE POINTED OUT
THAT THE STATEMENT IN PARA 12 THAT 'THE PRESENT EXECUTIVE IN HONG
KONG IS THE EXECUTIVE COUNCIL' IS INCORRECT: AND THEY NOTE THAT
THEIR VIEW AS SUMMARISED IN PARA 3 OF OUR TELNO 563 IS ENDORSED
IN PAGES 23 AND 24 OF THE 1986 HONG KONG YEARBOOK. THERE UNDER A
HEADING 'THE EXECUTIVE' IS A DESCRIPTION OF THE
ROLES OF THE CHIEF SECRETARY, THE FINANCIAL SECRETARY AND THE
DIRECTOR OF AUDIT AND A DESCRIPTION OF THE 'STRUCTURE OF THE
EXECUTIVE' WHICH INCLUDES THE FOLLOWING PASSAGE: 'THE EXECUTIVE
OF THE HONG KONG GOVERNMENT IS ORGANISED INTO BRANCHES AND
DEPARTMENTS. THE BRANCHES COLLECTIVELY FORM THE GOVERNMENT
SECRETARIAT.'
WHILE WE UNDERSTAND YOUR WISH TO EMPHASISE THE ROLE OF
EXCO IN YOUR PAPER, WE SHARE THE LEGAL ADVISERS' VIEW THAT A MORE
3.
1
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