TNAG-0291-FCO40-327-Constitutional-development-of-Hong-Kong-1971 — Page 34

CONFIDENTIAL

In Genfiern

have read this

When

MR LAIRD

we

might ben

En

Copy to:

Sir M MacLehose Mr Blain DTGD

Mr Wilford

14/9

HONG KONG CONSTITUTION

1.

Have you in your examination of earlier correspondence about the composition of the Legislative and Executive Councils in Hong Kong come across any suggestion that there should be included in the constitutional instruments in Hong Kong provision giving the Governor power to declare, in the interests of public order, public faith or good government that any Bill that Legislative Council does not pass shall have legal effect.

I attach the equivalent provision to this effect in the current constitution of the British Solomon Islands Protectorate (Section 34 of SI 1970 No. 482).

2.

Provisions of this kind which are found in many Dependent Territories Constitutions of recent years appear to serve the same purpose as the conferrment on the Governor by Section XXII of the Hong Kong Royal Instructions, of a casting vote in any question where votes are equal in Legislative Council.

3.

Prima facie the introduction of such provision in Hong Kong seems attractive from the point of view of widening the field from which Legislative Council, at any rate, is drawn, since if it existed it would no longer be necessary either to work within the total of unofficial members as laid down by the current Royal Instructions or to add further official members to balance any increase in the present number of unofficial members. In fact, it will be possible to reduce the present number of official members and allow Departmental Chiefs to return to running their Departments where their talents are generally better employed than acting as potential lobby fodder in Legislative Council.

4.

would

The idea seems to me worth exploring though whether it would be applicable in Hong Kong depends on an assessment as to

(a) the reaction of the CPG to the creation of an unofficial majority in the Hong Kong Legislative Council, even though backed by this addition to the Governor's existing reserve powers.

(b)

to the reaction of opinion in Hong Kong itself.

CONFIDENTIAL

/5.