CONFIDENTIAL
XCX(91)61
13
(d)
(e)
to put the bill to LegCo and let them amend it; or let individual Members introduce a private member's bill to give effect to the arrangements preferred by LegCo; and
to adhere to the Administration's plan to establish the CFA in 1993. The Administration will get on with drafting the necessary legislation and formulating a comprehensive package of measures to ensure the establishment of an independent and prestigious CFA. The Administration will discuss its ideas about the arrangements for establishing the CFA with representatives of the legal profession and the Legislative Council prior to discussion with the Chinese. In six to nine months' time, when the necessary consultations have been completed, the Administration will be in a better position to assess the chances of securing LegCo approval of the necessary legislation. A decision can be taken then whether to put the bill to LegCo;
Option (a) is not recommended as it goes against both the wishes of the LegCo In-house Meeting (paragraph 7 above) to establish the CFA in 1993 and our original objective of establishing the CFA well before 1997. Moreover any failure of the Hong Kong Government to establish the CFA early, as agreed at JLG, could be seen by the Chinese side as a failure to honour the JLG agreement. The present agreement may no longer be on offer later.
14
Option (b) is a non-starter, given clear indications from the Chinese officials that China will not agree to re-open the question. Trying to do so would also create a very dangerous precedent, which would encourage the Chinese to re-open agreements which they may not like.
15
Both options (c) and (d) will in effect mean handing over control to the Legislative Council. This would have profound implications for the future of the Administration: it would also be seen by the Chinese as a deliberate attempt to pass power from the Executive to the Legislature. It would have a serious effect on the whole relationship with China, both within the JLG and outside. The Chinese have made it clear that they would not allow a CFA established without their consent to persist after 1997.
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