TNAG-0525-FCO40-620-Visit-of-UK-Members-of-Parliament-(Defence-and-External-Affa-1975 — Page 140

CONFIDENTIAL

IMMEDIATE

CYPHER/CAT A

GPS 250

FM HONG KONG 08041OZ

CONFIDENTIAL

1KK 3/548/9

TO IMMEDIATE F C O TELNO 1130 OF 8 NOVEMBER.

(140)

NOTE ON THE CONSTITUTIONAL POSITION OF THE GOVERNOR

•

MY TEL 1124:

FOR THE DEFENCE AND EXTERNAL AFFAIRS SUB-COMMITTEE.

I HAD NOT SEEN THIS TELEGRAM BEFORE ITS DESPATCH AND FEEL IT IMPORTANT THAT THE FOLLOWING ADDITIONS SHOULD BE MADE:

''THE PROCEEDINGS OF THE 2. PARA. 4 ADD AFTER LAST SENTENCE: LEGISLATIVE COUNCIL ARE CONDUCTED IN ENGLISH AND CANTONESE WITH SIMULTANEOUS TRANSLATION AND ARE BOTH BROADCAST AND TELEVISED'',

''THE

3. BETWEEN PARAS 4.AND 5 INSERT NEW PARAGRAPH AS FOLLOWS: FINANCE COMMITTEE OF THE LEGISLATIVE COUNCIL CONSISTS ONLY OF ALL UNCFFICIAL MEMBERS PLUS THE FINANCIAL SECRETARY AND COLONIAL SECRETARY, WHO CHAIRS IT. THERE IS THUS A LARGE UNOFFICIAL MAJORITY ON THIS COMMITTEE, AND ALTHOUGH ITS DECISIONS COULD IN THEORY BE OVER-RIDDEN BY. THE FULL COUNCIL, THIS WOULD LEAD TO A MAJOR CRISIS AND HAS NOT BEEN ATTEMPTED FOR MANY YEARS IF EVER’'

4. PARA 5 ADD AT THE END:

ADD AT THE END: ''SUBJECT TO CERTAIN MINOR EXCEPTIONS THEY RECEIVE COPIES OF ALL PAPERS SUBMITTED TO THE COUNCIL (WHICH ARE ALL GRADED) AND CAN CALL FOR CONFIDENTIAL FILES.

} }

5. PARA 7 FIRST SENTENCE, ADD AT THE END: AND IS SATISFIED THAT SUFFICIENT CONSENT EXISTS FOR THEM TO BE ACCEPTED BY THE PUBLIC.

6. PARA 7 THIRD SENTENCE ADD AT THE END AND THERE IS A LIMIT. BEYOND WHICH HE CANNOT IMPOSE POLICY UNACCEPTABLE TO IT''.

7. PARA 7 4TH SENTENCE, ADD AT THE END:

1

**AND VICE VERSA''

''TO PUT THIS IN PROPORTION 8. PARA 7 ADD AT THE END NEW SENTENCE: THE SECRETARY OF STATE HOLDS THE ULTIMATE SANCTION OF DISMISSAL OF THE COVERNOR, WHO HOLDS HIS OFFICE AT THE QUEEN'S PLEASURE''.

MACLEHOUSE

FILES

HKLOD (3)

PS/PUS

COPIES TO -MR +CKFORD,

LEGAL ADVISER

PCCU

MR MALE

PS

MR LARMOUR

148)

PS/LORD GORONWY-ROBERTS

CONFIDENTIAL

TAL