TNAG-0327-FCO40-363-History-of-constitution-of-Legislative-Council-of-Hong-Kong-1972 — Page 24

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CONFIDENTIAL

4. Research Department have now done a good deal of work on

this (Miss Warman's minute giving an account of their findings

is attached).

5.

The practice was first put into effect in Hong Kong in

His intention was to give Hong

1883-4 by Sir George Bowen.

Kong a semblance of "popular election" without the disadvantages

which were usually held to accompany it. In informing the

Chamber of Commerce of his proposals in May 1883, Sir George

Bowen said that the nominations would be called for "as a general

rule" and in his despatch of 14 May 1883 to the Secretary of

State, he said: "of course, the final appointment would

continue in every case, to rest absolutely with the Governor,

subject to the approval of the Crown". The proposal had a

mixed reception at the Colonial Office but was in the end

accepted on the clear understanding that the system was not

designed to give the Chamber of Commerce or the JPS "an

absolute right of nomination".

6. The general conclusion is that the practice was never

enshrined in the constitution of Hong Kong and that there is

no obligation to continue to follow it. Since the practice

is now anachronistic and, in the Governor's view, contains the

seeds of political discord which could well germinate in the

near future, it would be advisable to end it quietly now. I

recommend, therefore, that we inform the Governor that the

Secretary of State approves his proposal. The Governor has

said it would be helpful if he could receive our views on this

before he comes home on leave on 5 August. If Mr Royle agrees,

I shall write to the Governor informing him of the Secretary

of State's approval and sending him the details of Research

2.

CONFIDENTIAL

/Department's