PM/85/16
PRIME MINISTER
CONFIDENTIAL
1712/85
P
Loce
PS/MI PS/ Pos
Sirl Hardin
Dr Louson Mr Burrows Mr fifoot
Mr HOSY
8B19
Hong Kong: Constitutional Development:
Amendments to Letters Patent and Royal Instructions
1.
Under the proposals published in a White Paper in
November 1984 Hong Kong is to introduce limited elections in
September 1985 to fill 24 of the 56 seats in the Legislative
Council. To make this possible, the Letters Patent and Royal Instructions, which effectively form the constitution of Hong Kong, need to be amended, and an electoral bill needs to be introduced in Hong Kong. Changes to the Letters Patent
and Royal Instructions are made by orders under the Royal
Prerogative and do not therefore have any legislative
implications for Parliament.
2. Most of the issues involved in this matter are technical,
but examination of the proposals has thrown up two important questions, on which I should value your advice and that of
colleagues. These are:
3.
(i) Whether the Governor should have reserve powers
of legislation; and
(ii) Whether he should have power to dissolve the
legislature.
Governor's Reserved Powers of Legislation
The practice in most dependent territories, once HMG no longer have the power to direct the legislature by means of instructing an official majority, has been to give the Governor
power, if he sees fit, to pass legislation over the heads of the legislature. This practice has not been universal: an exception is Bermuda. The purpose of the provision is to
enable HMG, through the Governor, to continue to exercise its
.../ultimate