CONFIDENTIAL
FM FCO
TO DESKBY 210001Z HONG KONG
TELNO 704
OF 2018OOZ MARCH 89
INFO IMMEDIATE PEKING
CONFIDENTIAL
HKB 011/3
05444
198
MDHOAN 7609
¿LSIG O A 1
MIPT: FAC: LINE
OF QUESTIONING FOR SECRETARY OF STATE'S
APPEARANCE ON 22 MARCH
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OUR INITIAL THOUGHTS ON A LINE TO TAKE ON RATIONALISATION/ LOCALISATION FOLLOW:
(A) IS IT OUR INTENTION TO HAND OVER HONG KONG AS IT STANDS ON PAPER OR AS IT WORKS IN PRACTICE?
- I AM NOT CLEAR WHAT YOUR QUESTION MEANS. BUT THE JOINT DECLARATION SETS OUT THAT THE HONG KONG SPECIAL ADMINISTRATIVE REGION WILL ENJOY A HIGH DEGREE OF AUTONOMY, EXCEPT IN FOREIGN AND DEFENCE AFFAIRS. IT IS ALSO SETS OUT THAT THE HONG KONG ADMINISTRATIVE REGION WILL BE VESTED WITH EXECUTIVE, LEGISLATIVE AND INDEPENDENT POLITICAL POWER, INCLUDING THAT OF FINAL ADJUDICATION, AND THAT THE LAWS OF HONG KONG WILL REMAIN BASICALLY UNCHANGED. AND IT SETS OUT THAT HONG KONG'S PREVIOUS CAPITALIST SYSTEM AND LIFE-STYLE SHALL REMAIN UNCHANGED FOR 50 YEARS. THESE PRIVISIONS ARE FULL REFLECTED IN THE DRAFT BASIC LAW.
ALL THIS IS EVIDENCE THAT WE AND THE CHINESE GOVERNMENT ENVISAGE A HIGH LEVEL OF CONTINUITY IN PRACTICE BEFORE AND AFTER
1997.
(B) POWERS OF THE GOVERNOR. ARE THE POWERS OF THE CHIEF EXECUTIVE AS LAID DOWN IN THE BASIC LAW BROADLY THE SAME AS THE
IS THERE A RISK THAT GOVERNOR'S POWERS UNDER THE PRESENT SYSTEM?
THE GOVERNOR'S VERY EXTENSIVE POWERS, MANY OF WHICH HAVE NOT BEEN USED IN PRACTICE FOR A LONG TIME, COULD BECOME POLITICALLY OPPRESSIVE UNDER THE POST-1997 REGIME? IS ANYTHING BEING DONE TO REDUCE THIS RISK?
THERE ARE SOME DIFFERENCES BETWEEN THE POWERS OF THE GOVERNOR AND THE CHIEF EXECUTIVE, PARTICULARLY IN THEIR RELATIONSHIP TO THE LEGISLATURE AND THE EXECUTIVE.
THE CHIEF EXECUTIVE WILL NOT PRESIDE IN THE LEGISLATURE, NOR WILL THERE BY ANY OFFICIAL MEMBERS OF THE LEGISLATURE. THE CHIEF EXECUTIVE WILL HAVE GREATER POWER THAN THE GOVERNOR TO CONTROL THE INTRODUCTION OF BILLS, BUT HIS POWERS OF STEERING THEM WILL BE FORMALLY LESS EFFECTIVE. THE CHIEF EXECUTIVE MAY ONLY DELAY A BILL FOR 3 MONTHS, AND DISSOLVE THE LEGISLATURE IN SPECIFIED
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