CONFIDENTIAL

members SO as to provide a better balance and to form the

nucleus of a "pro-government" element within the

legislature. We envisage that this might be done by

providing for a third element in the legislature, alongside

directly elected members and members elected by functional

constitutencies. Nominations would be put forward by the

Chief Executive to an electoral college. This would

confirm his nominations, or select from his list, by a

We think the Chinese would probably welcome a

provision on these lines as introducing an element of

stability and counterbalancing the influence

"political" members of the legislature.

vote.

4.

of more

Third, Mr Renton questioned our doubts about the

separation of powers between the Executive and the

legislature. The Governor feels strongly that a total

separation of powers would be alien to Hong Kong's

political tradition and could lead to stalemate or

confrontation in the conduct of Government business.

of

He

would like to see the Basic Law retain the possibility (no

more) that members of the executive could sit on the

legislature. This could be done through the device which

we have described above: the Chief Executive could nominate

them to the electoral college. The Governor's reasoning

will be spelt out more fully in the draft of

the draft of a paper for

transmission to the Chinese which is at present being

prepared in Hong Kong.

We shall consult Ministers

further, on the basis of that paper.

wan

Say to route

Į

Not possible

the

Normally

as we

try to

world try

do, through the Tentow

18 September 1986/

Crtun

AKC thanks

CO Hum

R..

Hong Kong Department

CONFIDENTIAL

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