43
CONFIDENTIAL
Mr. Bottoghoy N. Heate
двет Пив2716
Hong Kong
16
Your minute of 20 May below.
Mr. Laird will no doubt in his examination of this problem study the legal and constitutional questions in depth; but, though on paper the Constitution of Hong Kong would seem to give the British Government full power over every governmental activity in Hong Kong, that in itself is no reason why we should exercise powers which we would not want to exercise.
2.
British negotiators as third parties however might find themselves having to explain why, when our paper powers in Hong Kong were so extensive, we had not prevented Hong Kong from selling our own pass. But this could be done by referring to the realities of our political position in Hong Kong, viz. that, dependent as we are on "voluntary service" for the manning of the Executive and Legislature, we could not afford to face the damaged confidence which would follow from our forcing on Hong Kong policies which ran contrary to the strongly held feelings of those local people who serve on the Executive and Legislative Councils.
3.
Mr. Laird's predecessor, as Head of Hong Kong Department, used to argue against "letting Hong Kong go free" on very much the same grounds as those in para. 3 of your minute. But I myself do
not believe that we could wash our hands of Hong Kong, which no doubt is the attraction of the idea you put forward. Our constitu- tional position still leaves us with a direct responsibility for the maintenance of law and order and, because of the extent of our constitutional responsibility for Hong Kong's internal affairs, Members of Parliament insist on our pursuing "enlightened" social policies there. Our ability to maintain law and order in Hong Kong
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