TNAG-0525-FCO40-620-Visit-of-UK-Members-of-Parliament-(Defence-and-External-Affa-1975 — Page 147

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TO IMMEDIATE HONG KONG TELEGRAM NUMBER 863 OF 6 NOV 1975

MIPT

DRAFT NOTE ON THE CONSTITUTIONAL POSITION OF THE GOVERNOR OF

HONG KONG

1. HONG KONG IS A CROWN COLONY AND THE SECRETARY OF STATE FOR FOREIGN AND COMMONWEALTH AFFAIRS 13 DIRECTLY RESPONSIBLE TO PARLIAMENT FOR THE GOVERNMENT THERE. THE COLONY'S CONSTITUTION IS CONTAINED THE LETTERS PATENT AND ROYAL INSTRUCTIONS TO THE GOVERNOR

OF HONG KONG,

2. UNDER THE CONSTITUTION THE GOVERNOR HAS WIDE POWERS. THESE INCLUDE THE APPOINTMENT OF JUDGES AND OTHER PUBLIC OFFICERS, THE DISPOSAL OF LANDS, THE GRANTING OF PARDONS AND, MOST IMPORTANT, THE POWER TO MAKE LAWS (CALLED ORDINANCES IN HONG KONG) FOR THE QUOTE PEACE, ORDER AND GOOD GOVERNMENT OF THE COLONY UNQUOTE. HOWEVER, THE CROWN FORMALLY RESERVES THE POWER OF DISALLOWANCE IN RESPECT OF ALL ORDINANCES ENACTED IN HONG KONG AND ALSO THE POWER TO LEGI SLATE IN THE COLONY BY ORDERS-IN-COUNCIL WHERE THIS MAY BE CONSIDERED

NECESSARY.

3. THE GOVERNOR IS ADVISED BY AN EXECUTIVE COUNCIL OF 14 MEMBERS COMPRISING OF 5 EX-OFFICIO MEMBERS AND 9 OTHERS WHO MAY BE EITHER OFFICIAL (IE MEMBER OF THE HONG KONG GOVERNMENT) OR UNOFFICIAL. AT PRESENT, THERE ARE & UNOFFICIAL MEMBERS OF THE COUNCIL: THEY ARE APPOINTED BY THE GOVERNOR.WITH THE CONSENT OF IMG FOR TERMS OF 5 YEARS. THE GOVERNOR IS CONSTITUTIONALLY REQUIRED TO CONSULT THE EXECUTIVE COUNCIL EXCEPT ON MATTERS TOO UNIMPORTANT OR TOO URGENT TO OBTAIN THEIR ADVICE AND ON CERTAIN PERSONNEL MATTERS. HE MAY ACT AGAINST THE ADVICE GIVEN BY THE EXECUTIVE COUNCIL BUT IF HE DOES, SO HE IS REQUIRED TO REPORT THE GROUNDS AND REASONS FOR HIS ACTION TO

HMG.

4. THE GOVERNOR LEGISLATES BY AND WITH THE ADVICE AND CONSENT OF A LEGISLATIVE COUNCIL OF 29 MEMBERS COMPRISING 4 OF THE EX-OFFICIO

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/MEMBERS