TNAG-0255-FCO40-291-Contributions-of-Hong-Kong-for-costs-of-maintaining-military-1971 — Page 33

NOTHING TO BE WRITTEN IN THIS MARGIN

W(B)L 51-7406

Secret

2.

They are not

Armenotie 15

ang

bind

of Govenmt" whip.

3.

SECRET

Under the constitution of the Colony the

Governor is obliged first to submit any

proposals of this kind to his Executive

Council and may only act contrary to their

advice subject to reference of the matter in

question to me; thereafter any proposals must

be approved by the Finance Committee of

Legislative Council and finally by the

Legislative Council as a whole. The Unofficia

Members of those Councils, although nominated

by the Governor, are men of independent minds And in defendunt means jwho are not paid for their services. The

balance of official and unofficial membership

of the Legislative Council is such that the

Governor is in theory able to pass legislation

if he is prepared to use both his original and

casting votes. There have been no precedents

for such use of the Governor's vote in recent

years and for the Governor to do so,

particularly on such an unpopular issue as

again that of the defence contribution, would/risk

the resignation of many, if not all, of the

Unofficial Members of both Executive and

Legislative Councils with the consequent

disruption of the system of Government and

a distinct risk of disorders in the Colony,

where the Governor could expect little or no

popular support on such an issue. The chief

benefactors from such a situation would be

the Communists.

4.

With this background in mind and to

avoid creating the atmosphere of crisis which

was occasioned by the despatch of a Minister

to Hong Kong for the 1966 negotiations,

Sir David Trench proposed to our predecessors

Secret

/that