BACKGROUND

CONFIDENTIAL

A

Mr Campbell Savours asked an earlier question on the exercise of the

Crown perogative in Dependent Territories. Mr Eggar replied that it

was not possible to give a general account. He has followed this

with two further questions, one asking for information on the exercise of the prerogative in the Falkland Islands, the other in

Hong Kong. The replies submitted to both questions have been discussed with the respective Legal Advisers and with WIAD (Mr

Wallace, Adviser on Dependent Territories).

The replies set out the constitutional position governing the

exercise of the prerogative in the two territories. It would not be

practicable to list all the directions given under the prerogative

to the Governors, not least because Mr Campbell-Savours has

specified no time limit, nor would it be proper to reveal what in a large number of cases are confidential instructions and advice. The Hong Kong and Falkland Islands Governments have been consulted

on the replies. In neither case would they wish examples of

instructions under the prerogative to be cited. It is not clear

what Mr Campbell-Savours particular interest is, though we suspect it may relate to security matters. It will be for him to specify in

a further question if he wishes, which aspect of the exercise of the prerogative in the two territories interests him.

Falkland Islands Department

February 1988

cc Mr Hum, Hong Kong Department

Mr Tatham, FID

Mrs Adam/Wallace, WIAD

Mr Wood, Legal Advisers

Mr Siddle, Legal Advisers Miss Foreman, PUSD

CONFIDENTIAT

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