TNAG-0525-FCO40-620-Visit-of-UK-Members-of-Parliament-(Defence-and-External-Affa-1975 — Page 141

CRS 450

IMMEDIATE

CYPHER CAT/A

FM HONG KONG 070805Z

CONFIDENTIAL

dol

(148)

CONFIDENTIAL

1xx 3/548/9

TO IMMEDIATE F CO TELEGRAM NO 1124 OF 7 NOVEMBER.

1462

YOUR TELEGRAMS NO 859 AND NO 860 OF 6 NOVEMBER.

#ICHT

(148) (x8)

I WOULD PREFER THE VERSION SET OUT BELOW TO BE PRESENTED TO THE DEFENCE AND EXTERNAL AFFAIRS SUB-COMMITTEE AS THE F C O NOTE

ON THE CONSTITUTIONAL POSITION OF THE GOVERNOR,

QUOTE.

1. HONG KONG IS A CROWN COLONY AND THE SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS IS RESPONSIBLE TO PARLIAMENT FOR THE GOVERNMENT THERE. THE COLONY'S CONSTITUTION IS CONTAINED IN LETTERS PATENT AND ROYAL INSTRUCTIONS ISSUED TO THE GOVERNOR

OF HONG KONG.

2. THE GOVERNOR IS BOTH THE REPRESENTATIVE OF, AND RESPONSIBLE TO, THE CROWN, WHOSE VIEWS ARE CONVEYED THROUGH THE SECRETARY OF STATE. THE GOVERNOR IS THE SUPREME AUTHORITY WITHIN THE COLONY. AMONG THE POWERS CONFERRED ON HIM BY THE CONSTITUTION IS THE POWER TO MAKE LAWS (CALLED ORDINANCES) FOR THE ''PEACE, ORDER AND GOOD GOVERNMENT OF THE COLONY''. HOWEVER, THE LETTERS PATENT FORMALLY RESERVE TO THE CROWN THE POWER OF DISALLOWANCE OF ANY ORDINANCE ENACTED IN HONG KONG AND THE POWER TO LEGISLATE FOR THE COLONY BY PREROGATIVE ORDER-IN-COUNCIL. FURTHERMORE, THE UNITED KINGDOM PARLIAMENT HAS POWER TO LEGISLATE FOR HONG KONG BY ACT

.OF PARLIAMENT.

CONFIDENTIAL

/3. THE GOVERNOR