CODE 18-77
RESTRICTED M Frith
Miss Brooks, Legal Advisers
GF
1719
noko
Reference
4.15
MR. Stano
lwok.po Mfuer
SCOPE FOR LEGCO TO DEBATE THE AIRPORT MOU
HKB 182 17
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75
1.
I should be grateful for your advice on whether or not the Legislative Council is in a position to debate the airport MOU signed by HMG and the CPG. There have been suggestions, by those who think the MOU gives China too much say in Hong Kong's affairs, that the MOU should be debated in LegCo.
2. I have studied the LegCo Standing Orders (SO) and Royal Instructions. Sections 9(5) and 15 (1) of the SOS would appear to be relevant. These state that motions and questions respectively may raise "any public matter for which the Government is responsible". HKG is not directly
responsible for the MOU, so presumbaly a debate which specified the MOU in its title would be ruled out of order. I should be grateful for your advice on this point. However it would seem to be easy to circumvent that by omitting the words in the title. It would then be up to the President to order someone to stop speaking about the MOU: not a task I would fancy.
3.
Turning to the Royal Instructions, clause XXIV would seem to be relevant. To my readings this suggests that members may propose any question for debate, and are only constrained by the Standing Orders which they themselves draw up. if they chose to, they could delete the provision about only raising public matters for which the Government is
responsible: assuming We did not find it "repugnant". Grateful for your advice on this point too.
Mihl ustere мил
M Stone
Hong Kong Department
WH 304
270 2651
Thus,
11 September 1991
cc: Mr Cox
EELANH
TG
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