CONFIDENTIAL
FM HONG KONG
TO IMMEDIATE FCO
TELNO
1423
OF 03105OZ SEPTEMBER 93
CONFIDENTIAL
MKB 012/3
RECE
CISTRY
1993
DESK
INDEX
PA
REGISTRY Action Takei
INFO IMMEDIATE PEKING, UKREP JLG HONG KONG
78
12.9 Robe 7 Leg Co (80)
021430
MDHIAN 3684
YOUR TELNO 798: STATUS OF LEGCO PANELS
SUMMARY
WE NOTE YOUR CONCERN THAT THE CHINESE MAY REACT BADLY AND THAT, IF IT COULD BE ACHIEVED, A DELAY IN PUBLICATION OF THE LEGCO RESOLUTION AND DRAFT LEGISLATION MIGHT BE DESIRABLE. HOWEVER, THIS PROCESS IS NOW ESSENTIALLY IN LEGCO'S HANDS: WE SIMPLY HAVE NO FURTHER SCOPE TO INFLUENCE THE TIMING. ANY ATTEMPT TO DO SO WOULD FAIL, AND WOULD BE DAMAGING HERE.
DETAIL
2. ON THE STANDING ORDERS AMENDMENT, THE LAW DRAFTSMAN OF THE ADMINISTRATION HAS PREPARED THE RESOLUTION IN ITS FINAL FORM. IT IS NOW IMPOSSIBLE FOR US TO CONCEAL THIS FACT FROM LEGCO MEMBERS AND WE NEED TO FORWARD THE PAPERS TO LEGCO DURING THE NEXT WEEK. IT IS MOST LIKELY THAT THE ISSUE WILL BE DISCUSSED BY THE LEGCO HOUSE COMMITTEE MEETING AT THEIR NEXT MEETING ON 29 SEPTEMBER WHEN IT WILL BECOME PUBLIC KNOWLEDGE. IT IS ALREADY WELL-KNOWN IN LEGCO, INCLUDING THE PRO-CHINA MEMBERS (WHO HAVE NOT MADE ANY SERIOUS EFFORT TO OPPOSE IT).
3. WE HAVE ALREADY USED VARIOUS MEANS TO DELAY THE PROCESS (WHICH COULD HAVE BEEN COMPLETED SEVERAL MONTHS AGO) BEYOND THE 1992/93 LEGISLATIVE SESSION. THERE IS NO/NO WAY TO ENGINEER A FURTHER DELAY. AS YOU KNOW, IT IS A MATTER FOR LEGCO TO DETERMINE HOW IT SHOULD CONDUCT ITS BUSINESS. THE EXISTING POWERS OF
LEGCO UNDER THE ROYAL INSTRUCTIONS (RI XXIII) ENABLE IT TO MAKE RULES AND ORDERS FOR THE REGULATION OF ITS OWN PROCEEDINGS. THE ADMINISTRATION ACTS AS AN AGENT IN PASSING LEGCO'S REQUIREMENTS TO OUR LAW DRAFTSMAN AND ENSURING THAT THE PROPOSALS ARE INTRA VIRES. LEGCO HAS TO RELY ON THE LAW DRAFTSMAN OF THE ADMINISTRATION ONLY BECAUSE IT DOES NOT HAVE ITS OWN PARLIAMENTARY DRAFTING EXPERTISE. THE MATTER IS THUS NOT IN OUR HANDS.
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