CONFIDENTIAL
FM HONG KONG
TO PRIORITY FCO
TELNO 3255
OF 171045Z OCTOBER 91
CONFIDENTIAL
на
INFO PRIORITY PEKING, UKREP JLG HONG KONG
251091
My Stone (!)
0565544
MOLIAN 7870
TOP COPY KQ DIST?
کران.
PERSONAL FOR RICKETTS, HKD.
FROM POLITICAL ADVISER.
CHINESE ATTITUDES TO LEGCO:
1
YOU WILL HAVE SEEN MY MINUTE OF 15 OCTOBER ON CHINESE ATTITUDES TO LEGCO (SENT TO YOU BY FAX AND ALSO BY BAG TO PEKING).
2. WE WOULD LIKE TO DO SOME BACKGROUND BRIEFING TO COUNTER NCNA'S DETERMINED EFFORTS TO PORTRAY LEGCO AS PURELY ADVISORY. THERE ARE DAILY ARTICLES IN THE COMMUNIST PAPERS WHICH SEEK TO BUILD UP THIS POINT OF VIEW.
SUBJECT TO YOUR AGREEMENT THEREFORE WE PLAN TO GET ACROSS TO A SELECT NUMBER OF NEWSPAPERS THE FACT THAT THE SECTION OF THE LETTERS PATENT WHICH NCNA CONSTANTLY QUOTE (LP VII): 'THE GOVERNOR MAY, BY AND WITH THE ADVICE AND CONSENT OF THE LEGISLATIVE COUNCIL, MAKE LAWS.....' IS VIRTUALLY IDENTICAL TO THE CONSTITUTIONAL POSITION IN THE UK WHEREBY THE QUEEN ENACTS LAWS 'BY AND WITH THE ADVICE AND CONSENT OF THE LORDS SPIRITUAL AND TEMPORAL, AND COMMONS.....'. NO ONE WOULD CLAIM THAT PARLIAMENT IS ONLY AN ADVISORY BODY. IT IS A LAW MAKING BODY AND SO IS LEGCO. A COROLLARY OF THE CONSTITUTIONAL POSITION IN HONG KONG IS THAT THE GOVERNOR CANNOT MAKE LAWS WITHOUT THE ADVICE AND CONSENT OF LEGCO.
4. DAVID EDWARDS IS CONTENT THAT THIS POSITION IS LEGALLY CORRECT. WOULD YOU BE CONTENT FOR US TO GET IT ACROSS ?.
FORD
YYYY
PAGE
1
CONFIDENTIAL