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TELNO 3931
OF 27050OZ DECEMBER 91
INFO ROUTINE PEKING, UKREP JLG HONG KONG
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87/Hk7 370/3
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PERSONAL FOR RICKETTS, HKD, FROM GOVERNOR PEKING PERSONAL FOR AMBASSADOR
UKREP JLG PERSON
PERSON FOR PAUL
OUR TELNOS 370-371 OF 1987 AND YOUR TELNOS 305-306 OF 1987: COLONIAL LAWS VALIDITY ACT
SUMMARY
NOW THAT IT HAS A MAJORITY OF ELECTED MEMBERS, LEGCO CAN PASS A BILL UNDER SECTION 5 OF THE COLONIAL LAW VALIDITY ACT (THE ACT) TO ALTER ITS OWN CONSTITUTION. IN 1987, FCO LEGAL ADVISERS TOOK THE VIEW THAT, ALTHOUGH I RETAIN THE POWER TO REFUSE TO ASSENT TO ANY SUCH BILL, IT WOULD BE BETTER TO BUILD AN ADDITIONAL BLOCK INTO THE LETTERS PATENT (LP) REQUIRING ME TO RESERVE SUCH A BILL THAN FOR ME TO USE MY POWER TO REFUSE ASSENT (FCO TELNO 306 OF 1987).
2.
EVEN THOUGH MEMBERS OF LEGCO HAVE NOT YET SOUGHT TO INVOKE THE COUNCIL'S NEW POWER, WE NEED TO REASSESS THE SITUATION. OUR VIEW IS THAT THE LEAST DIFFICULT OPTION WOULD BE TO MAKE CONTINGENCY ARRANGEMENTS NOW FOR THE LP TO BE AMENDED BUT ONLY BRING THESE AMENDMENTS INTO EFFECT IF AND WHEN A BILL TO CHANGE THE CONSTITUTION OF LEGCO IS PUT FORWARD BY MEMBERS OF THE COUNCIL.
BACKGROUND
3. THE ISSUE OF THE COLONIAL LAWS VALIDITY ACT FIRST CAME UP IN A SERIES OF ARTICLES IN A THEN PRO-CHINA PAPER IN JANUARY 1987. THESE SUGGESTED THAT THE ACT WAS THE BASIS OF A BRITISH PLOY TO ESTABLISH A SEMI-INDEPENDENT GOVERNMENT IN HONG KONG BY INTRODUCING DIRECT ELECTION TO LEGCO. OUR DELIBERATIONS AND THE PUBLIC LINE AGREED BETWEEN US THEN WERE SET OUT IN TURS.
4.
IN THE MARGINS OF JLG VI (HELD IN MARCH 1987), WE ASSURED
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