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66723
RELATIVELY SHORT BUT SYNCHRONISED (SAY 3 YEARS RATHER THAN 4)
OR TO PROVIDE FOR THE CHIEF EXECUTIVE TO HAVE A LONGER TERM OF
OFFICE THAN THE LEGISLATURE.
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0
THE ALTERNATIVE. WHICH WE SHOULD TEND TO PREFER. WOULD BE
A SYSTEM WITHOUT A MINIMUM TERM (IE THE LEGISLATURE IS
CONSTITUTED/ELECTED FOR A PERIOD OF 4 YEARS UNLESS SOONER
DISSOLVED). IF THE EXERCISE OF THE POWER TO DISSOLVE WOULD HAVE
SERIOUS CONSEQUENCES FOR THE CHIEF EXECUTIVE AS WELL AS THE
LEGISLATURE (IE IF THE POST OF CHIEF EXECUTIVE WOULD BECOME
VACANT IMMEDIATELY FOLLOWING THE RECONSTITUTION/RE- ELECTION OF THE
LEGISLATURE) THIS WOULD HELP TO GUARD AGAINST ANY ABUSE OF THE
POWER TO DISSOLVE.
7.
THIS DIFFICULTY HAS IMPLICATIONS FOR YOUR NOTES I AND III.
WE WOULD PREFER NOT TO PUT ACROSS THE RATHER CONFUSED PICTURE
CONVEYED BY THE LAST TWO SENTENCES OF PARA 15 OF YOUR TELNO 2731.
WE HAVE NOT (NOT) AT THIS STAGE TRIED TO JSUGGEST DRAFTING
A MENDMENTS TO MEET THIS POINT. THESE WOULD DEPEND ON WHETHER OR
NOT YOU AND EXCO WISH TO RETAIN THE FIXED TERM. OUR INCLINATION
WOULD BE TO ASK YOU TO RECONSIDER WHETHER A MORE WORKABLE SYSTEM
MIGHT NOT BE ONE WITHOUT FIXED TERMS. IF YOU CANNOT REACH A
CONCLUSION WITHIN THE TIME AVAILABLE TO US THE PAPER COULD SET
OUT BOTH OPTIONS WITH THEIR ADVANTAGES AND DISADVANTAGES.
8. WE ARE AFRAID WE HAVE TO SUBMIT THESE PAPERS TO MINISTERS OVER
THE COMING WEEKEND IF WE ARE TO MEET THE TIGHT TIMETABLE IN PARA
4 OF YOUR TELNO 2486. OTHERWISE WE RISK HAVING PROBLEMS
UNRESOLVED WHEN MINISTERS BEGIN GOING ON HOLIDAY AT THE END OF
WE RECOGNISE THE PROBLEMS THIS TIMING POSES FOR YOU.
JULY.
E SPECIALLY SINCE EXCO IS INVOLVED. BUT WE HOPE YOU CAN LET US
HAVE YOUR THOUGHTS ON THE PROBLEM RAISED ABOVE. TOGETHER WITH
THE NECESSARY CONSEQUENTIAL DRAFTING. CHANGES DESKBY 161200Z.
9.
OTHER DETAILED COMMENTS ON YOUR DRAFTS ARE IN MIFT. HOWE
OCMIAN
6723
HONG KONG AGREEMENT
2
LIMITED
HD/HKD
HO/FED
HD/PLANNING STAFF DEP HD/PUSD
RD (MR WALKER) PS
PS/LORD GLENARTHUR PS/MR EGGAR
PS/PUS
MR GILLMORE
SIR J. FREELAND
MR MCLAREN
MR MCCRORY, PUSD
MR OSBORNE, NEWS DEPT
COPIES TO:-
MR FIFOOT
MR ASHTON
LEGAL ADVISERS
ASSESSMENTS STAFF
CABINET OFFICE
CABINET OFFICE
MR MALLABY CABINET OFFICE
MR B H DINWIDDY.
SIR P CRADOCK NO 10 DOWNING STREET
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