Mr Paul
Raúl
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I AM QUITE CLEAR THAT WE MUST CONSULT
MINISTERS ON A MATTER OF THIS IMPORTANCE, ALTHOUGH I SUSPECT THAT THEIR VIEW, AND THAT OF THE GOVERNOR, WILL BE AGAINST MAKING CHANGES
ON RESERVE POWERS AND
Mr Fifoot, Legal Advisers
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THE CLUA
21%
CONSTITUTIONAL CHANGE: AMENDMENTS TO THE LETTERS PATENT AND
ROYAL INSTRUCTIONS 1990
1.
on!
Please refer to your minute of 14 June. We are now
consulting Hong Kong on your comments on their proposed
amendments to the Letters Patent and Royal Instructions
following from the changes required as a result of the 1991 elections. I should now like to deal with your paragraphs 4
and 5 which cover reserve powers for the Governor and
amendments to the Colonial Laws Validity Act 1865.
2. I attach a draft telegram which I propose that we should
send to the Governor. However, before doing that, I wish to explore again precisely why it is that you consider it is
necessary to seek the Governor's views on this and possibly again to seek Ministerial agreement.
Reserve Powers for the Governor
3. The argument in favour of giving the Governor reserve
powers appears to be two fold
-
(a) Section 51 of the Basic Law provides very limited
reserve powers for the Governor and there is no particilar
reason why we should not introduce that sooner rather than
later; and
(b) If the legislature was to become very hostile to HMG, it could try to thwart areas of activity with special
interest for HMG for example defence and international
relations.
SIPAKV/1
CONFIDENTIAL