RESTRICTED
RESTRICTED
FM HONG KONG
TO DESKBY 130930OZ F C O
TELNO 2844
OF 13040OZ SEPTEMBER 91
INFO IMMEDIATE PEKING, UKREP JLG HONG KONG
32
pa
Muson/
33
115376
MDHIAN 2576
YOUR TELNO 1649: PRIME MINISTER'S VISIT TO HONG KONG: FROM THE HONG KONG DEMOCRATIC FOUNDATION (HKDF)
LETTER
ON PARA 2 OF TUR, WE AGREE WITH YOU THAT THERE IS NO CONTRADICTION AS THE ARTICLES IN QUESTION MERELY SPECIFY THAT UNIVERSAL SUFFRAGE IS THE ULTIMATE AIM. INDEED, ARTICLE 68 SPECIFICALLY SPEAKS ABOUT GRADUAL AND ORDERLY PROGRESS. THE ALLEGED INTERNAL INCONSISTENCY WITHIN THE BASIC LAW AS REGARDS THE PROVISIONS RELATING TO THE METHODS OF CONSTITUTING THE LEGISLATIVE COUNCIL AND SELECTING THE CHIEF EXECUTIVE HAS SELDOM BEEN RAISED HERE. THE USUAL ATTACK RATHER IS THAT ARTICLES 68 AND 45 NOTWITHSTANDING, THE PACE OF DEMOCRATISATION AS PROVIDED IN ANNEXES I AND II IS FAR FROM SATISFACTORY.
2.
ON THE SUGGESTION THAT JLG DECISIONS SHOULD BE PUT TO LEGCO FOR RATIFICATION, WE THINK THIS IS A NON-STARTER,. AS THE JLG IS A FORUM FOR LIAISON BETWEEN THE CHINESE AND BRITISH GOVERNMENTS IN ACCORDANCE WITH AN INTERNATIONAL TREATY, IT WOULD NOT BE APPROPRIATE FOR ITS DECISIONS TO BE SUBJECT TO RATIFICATION BY THE LEGISLATURE OF A DEPENDENT TERRITORY. PARTICIPATION BY THE BRITISH GOVERNMENT IN SUCH DECISIONS AN EXERCISE OF THE ROYAL PREROGATIVE BY THE EXECUTIVE. SO FAR AS THE CHINESE ARE CONCERNED
IT WOULD BE A RED RAG TO A BULL.
3.
WHILE IT WOULD NOT BE APPROPRIATE FOR JLG AGREEMENTS TO BE ''RATIFIED'' BY LEGCO, THEE ARE OTHER WAYS IN WHICH LEGCO CAN MAKE ITS VIEWS KNOWN. FOR INSTANCE, WHERE A DECISION OF THE JLG REQUIRES A LAW TO BE ENACTED IN HONG KONG TO GIVE EFFECT TO IT (E.G. AGREEMENT ON THE RIGHT OF ABODE IN HONG KONG), THEN OBVIOUSLY LEGCO HAS A ROLE TO PLAY IN THE IMPLEMENTATION OF SUCH AGREEMENTS. THE SAME IS TRUE ALSO WHERE THE IMPLEMENTATION OF AN AGREEMENT REQUIRES THE VOTING OF FUNDS BY LEGCO.
WILSON