CONFIDENTIAL
FM UKREP JLG HONG KONG
TO DESKBY 04150OZ FCO TELNO 511
OF 04090OZ NOVEMBER 91
CONFIDENTIAL
INFO IMMEDIATE PEKING, HONG KONG
this 012/5
13 NOV 1991
Role of leglo
130027
MDHIAN 0371
:
JLG AND LEGCO RELATIONSHIP.
1
W
YOU WILL HAVE SEEN THAT SOME MEMBERS OF LEGCO HAVE BEEN CALLING RECENTLY FOR JLG TO BE ACCOUNTABLE TO LEGCO. WE UNDERSTAND THAT OMELCO HAVE NOW AGREED THAT A LETTER SHOULD BE SENT TO HKG REQUESTING BRIEFING FROM ME. IT IS NOT YET CLEAR WHAT TERMS THIS LETTER WILL BE SENT UNDER, AND WHETHER IT WILL BE A REQUEST OR A DEMAND. BUT IT IS CLEAR THAT THERE IS A CONFLICT BETWEEN SOME MEMBERS OF LEGCO WHO GENUINELY HOPE TO HAVE BRIEFING, AND OTHERS (PRINCIPALLY UDHK) WHO WISH TO FIND A WAY OF BYPASSING EXCO AND PUTTING HMG ON THE SPOT DIRECTLY.
2.
WE ARE IN CLOSE TOUCH WITH HKG ON THIS, BUT IT WOULD BE HELPFUL TO HAVE A PRELIMINARY VIEW OF THE LEGAL POSITION FROM FCO LEGAL ADVISERS. HKG LEGAL ADVISERS ARE ALSO CONSIDERING THE
POINT.
3.
MIFT CONTAINS OUR OWN READING, WITHOUT THE BENEFIT OF LEGAL ADVICE, OF THE EFFECT OF THE LEGISLATIVE COUNCIL (POWERS AND PRIVILEGES) ORDINANCE ON THE ABILITY OF LEGCO TO SUMMON MEMBERS OF THE BRITISH SIDE OF THE JLG TO GIVE EVIDENCE OR PROVIDE DOCUMENTS. WE SHOULD BE PARTICULARLY GRATEFUL FOR LEGAL
ADVISERS' COMMENTS ON THIS.
4. IF AS WE THINK THE LEGAL POSITION IS THAT LEGCO DOES NOT HAVE THE POWER TO SUMMON OFFICIALS OF UKREP JLG TO GIVE EVIDENCE, CLEARLY THAT LEGAL POSITION NEEDS TO BE MAINTAINED. FOR OBVIOUS REASONS, IF IT WERE NOT, THE NEGOTIATING PROCESS WITH THE CHINESE WOULD BECOME VERY DIFFICULT.
5. ON THE OTHER HAND THERE IS ALSO AN IMPORTANT POLITICAL DIMENSION. COMMUNICATION WITH LEGCO IS GOING TO BE INCREASINGLY IMPORTANT IN ENSURING THE SUCCESSFUL OUTCOME OF AGREEMENTS IN THE JLG. THE CFA CLEARLY ILLUSTRATES THE DANGERS. HKG ARE CONSIDERING HOW THE BRIEFING OF LEGCO ON JLG SUBJECTS CAN BE IMPROVED WITHOUT ENDANGERING THE NEGOTIATING PROCESS, AND TO WHAT
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CONFIDENTIAL