2
C.
4.
The powers of the Chief Executive
It would be necessary to define most carefully the powers of the Deputy Governor/Chief Executive (designate), and to ensure that he was fully aware of the powers exercisable by the Governor.
(I) Delegation or devolution of powers
5.
Power could be vested in the Deputy Governor/Chief Executive (designate) by delegation or by devolution. Delegation would involve the allocation of powers with the right to withdraw them at any time. The basic instruments under which power was conferred on the Governor would not be amended. Devolution would involve a more substantive transfer of powers and a restriction on the Governor's ability to resume them.
6.
Under the Joint Declaration HMG will be responsible for the administration of Hong Kong until 30 June 1997. HMG must retain the means to exercise that responsibility. The Chinese, and many people in Hong Kong, would no doubt expect that of us. At the same time we want to do all
we can, within that framework, to establish the autonomy of the Chief Executive (designate) for all practical purposes. It would therefore be preferable to devolve powers. Presentationally they would seem less recoverable. But this arrangement would still leave ultimate authority with the Governor, as the representative of HMG, and allow for the resumption of power by him in the event of a crisis.
(II) The extent of the devolution of powers
7.
The main paper notes (para 4) that the present powers of the Governor and the future powers of the Chief Executive under the Joint Declaration will not be identical. It would seem most practicable if the powers were devolved on a progressive basis to the Deputy Governor and subsequently to the Chief Executive (designate). This would mean that there was no abrupt change, and that the Chief Executive (designate) could be given time to establish his position. The objective would be to ensure that he was exercising all the powers of the Office of Chief Executive of the Hong Kong SAR by the time that office came into existence on 1 July 1997. A progessive devolution on these lines would substantially improve the prospects of a transfer of Government in conditions of stability. Up to 30 June 1997, as discussed above, HMG would retain the ultimate authority. After 1. July 1997 the Hong Kong SAR would enjoy the autonomy defined in the Joint Declaration.
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