TNAG-0525-FCO40-620-Visit-of-UK-Members-of-Parliament-(Defence-and-External-Affa-1975 — Page 134

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CODE 18-77

CCI.FIDENTIAL

Reference....

fiso

750

Mr O'Keeffe

DEFENCE AND EXTERNAL AFFAIRS SUB-COMMITTEE: POSITION OF THE GOVERNOR

1.

NOTE ON THE CONSTITUTIONAL

As you know, we submitted the text in Hong Kong telegram number 1124 to the Sub-Committee on 7 November. We have since received Hong Kong telegram number 1130 containing additions which He will the Governor himself would like to see made to the text. not necessarily have appreciated that the note for the Sub-Committee had to be submitted by 7 November and may therefore have assumed that there was still time to change the text.

2. I have gone through the Governor's additions and have the follow- ing comments. (References are to the text in Hong Kong telegram

number 1124).

Faragraph 4. addition after last sentence

While this addition serves to make the point that the proceedings of the Legislative Council are widely disseminated, I do not think it is important.

Proposed new paragraph 5

This addition underlines the point that whatever the formal position, the Legislative Council is not a body on which the Governor can impose his views as a matter of course. I think this point is sufficiently made in paragraph 4 of the text and the addition is, therefore, marginal.

Faragraph 5, addition at the end

Again, I think this addition only serves to reinforce a point which is already covered in the existing text. It is also not entirely clear which Council is intended - presumably it is the Executive Council - and the word "graded", presumably "classified", sounds odd. Paragraph 7

Addition at end of first sentence

I think the point that the Governor exercises authority only by consent is implicit in the first sentence of the existing text. Addition at the end of third sentence

This might be a useful addition, though not, I think, essential.

Addition at the end of fourth sentence

I think that this addition is perhaps more important than any of the others and one worth making, if possible.

Addition of new sentence at the end of paragraph

I think that this is a marginal change.

3. There are two possible opportunities for "correcting" the text already given to the Sub-Committee. First, you could take the opportunity at tomorrow's briefing of the Sub-Committee to say that we had to prepare the text on the position of the Governor in something of a rush and that it could be improved in some details. Subject to the response of the members of the Sub-Committee we could then offer to provide them with an amended text. Secondly, we could leave the matter for the time being and wait to see whether the Sub-Committee intend to include a note on the

CONFIDENTIAL

/position