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The Minster has seen. I gather that the Secretary of State
also wanted
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chapter & verse on the
implications of gazettal
Mr
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COVERING SECRET
-9 MAR 1993
FROM:
PF Ricketts
DATE: 10
CC:3
Hong Kong Department
9 March 1993
6.J. Deregals
PS/Mr Good ad minister
Private Secretary
HONG KONG:
1.
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Sir J Coles
Mr Davies, FED
Mr Wye, RAD
3
(pa leglo
24
Miss Brooks, Legal Advisers
HKB 012/3
RECEN INISTRY
RECEN
AD
15 MAR 1993
DESKO-
INDEX
REGISTRY
Atkun Takon
votio
29/3
PROCEDURE FOR INTRODUCING LEGISLATION
I understand that the Minister of State asked for a note on what was implied by a decision to gazette the Governor's draft legislation.
2.
The normal practice with Government Bills in Hong Kong is that they are published in the Official Gazette on a Friday, and then introduced into LegCo at the next available opportunity, usually the following Wednesday.
3.
There is, however, no requirement to move on from gazetting to introduction into LegCo immediately. Indeed this morning's discussion in ExCo (Hong Kong telno 378, attached) showed (para 25) that the general view in ExCo is that if the draft electoral legislation is gazetted this Friday, it should not be introduced into LegCo until we were quite clear that there was no further likelihood of talks with the Chinese.
4. The only procedural awkwardness of gazetting but not introducing is that any LegCo member can move a motion that a gazetted Bill be placed on the Order Paper for a specified sitting of LegCo. But the Hong Kong Government are not too worried that their Bill could be hijacked in this way. They doubt that such a motion would secure a majority if the prospect of talks with the Chinese still existed. really necessary, they could argue that the Bill had financial implications, and therefore required the prior authorisation of the Governor under the Royal Instructions before it could be introduced into LegCo.
And, if
10/3
CONFIDENTIAL COVERING SECRET