CO537-6046 — Page 309

In the cases quoted the Governor's

recommendations were accepted but I mention them as examples of the type of case in which it is quite possible that the voting would not go in the Government's favour.. On the other hand it is doubtful whether the Governor's use of the reserve powers would have been justified on these particular issues.

To sum up I consider that on a vital

question affecting the future of Hong Kong the voting is unlikely to go against Government and in such cases the use of reserve powers would be justified. There are however cases of lesser importance where the voting may go against Government and the use of reserve powers by the Governor would not be justified according to general useage in other colonies.

With this possibility in mind, should the present proposals, which give the unofficials a majority of five, be accepted? I must confess that I think there is a risk involved because of the very unsettled conditions prevailing in China which are bound to have their effect on the Colony. On the other hand I doubt whether politically, having got so far, we can now turn back the clock.

At Y of my minute of 8/12 I drew attention to the possibility that the Indian community might press for representation on the Council. Their petition is at (73) on the '49 file and although the Governor does not propose to take any further action about it, I would again recommend that the present proposal that one member should be a Portuguese, should not be written into the Constitution and that the Governor should retain freedom to decide who shall be nominated.

15

P. Hayman (Min. 1) Bef.)

женая

5th April, 1950.

5-4-50.

OVER