CONFIDENTIAL
HKB 012 16
RECEIVER
06 AUC 1990
CONFIDENTIAL
FM HONG KONG
S
TO IMMEDIATE FCO
DESK INDEX
TELNO 2167
OF 111216Z JULY 90
TOP COPY Q DIST?
137271
MDHIAN 8422
PERSONAL FOR PAUL, HKD FROM GOVERNOR
01217-73
77
YOUR TELNOS 1194 AND 1302: LETTERS PATENT: RESERVE POWERS
1 AS FIRST TUR POINTS OUT, WE HAD EXCHANGES LAST YEAR ON THE
-
ISSUES OF RESERVE POWERS FOR THE GOVERNOR AND THE POSSIBLE
DISAPPLICATION OF SECTION 5 OF THE COLONIAL LAWS VALIDITY ACT 1865.
2. THE CONCLUSION WE HERE DREW AT THE TIME WAS THAT IT WOULD BE POLITICALLY HIGHLY CONTROVERSIAL IF SUCH MEASURES WERE TO BE INTRODUCED IN THE CURRENT POLITICAL CLIMATE. THEY WOULD BE CONSTRUED AS DELIBERATELY INTENDED TO FETTER THE POWERS OF THE LEGISLATURE. WE ALSO DOUBTED WHETHER ANY SUCH MEASURES WERE NECESSARY FOR CONSISTENCY WITH THE BASIC LAW.
3. SEEN FROM HERE, THESE POINTS REMAIN VALID. IT WOULD BE PARTICULARLY MALADROIT TO RISK AROUSING POLITICAL CONTROVERSY ON THIS ISSUE AT A TIME WHEN WE ARE ENCOURAGING DEMOCRATIC DEVELOPMENT IN HONG KONG AND WHEN PREPARATIONS FOR THE 1991 DIRECT ELECTIONS ARE UNDERWAY. ON THE OTHER HAND, IT IS CLEARLY DESIRABLE THAT THERE SHOULD BE RESERVE POWERS WHICH COULD BE USED IF THERE WAS A REAL
CRISIS BETWEEN NOW AND 1997.
4. TO THIS END, WE ARE CURRENTLY CONSIDERING, IN THE CONTEXT OF MIRROR IMAGING WITH THE BASIC LAW WHETHER ANY OF THE POWERS WHICH HAVE BEEN VESTED WITH THE CHIEF EXECUTIVE SHOULD BE CONFERRED UPON THE GOVERNOR BEFORE 1997. BL 51 IS A CASE IN POINT. IT WOULD BE POSSIBLE, THROUGH AN ORDER IN COUNCIL, TO GIVE THE GOVERNOR POWERS TO APPROVE PROVISIONAL APPROPRIATIONS IN THE EVENT OF A SUBSEQUENT DISSOLUTION.
5. WE SHALL LET YOU HAVE OUR VIEWS ON THIS IN DUE COURSE. NONE OF THIS NEED HOLD UP THE AMENDMENTS TO THE LETTERS PATENT RELATING TO CONSTITUTIONAL DEVELOPMENT (OUR TELNO 2139 REFERS).
WILSON
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