TNAG-0731-FCO40-935-Appointments-to-Legislative-Council-of-Hong-Kong-1978 — Page 83

CONFIDENTIAL

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APPOINTMENTS TO THE EXECUTIVE AND LEGISLATIVE COUNCILS

1. Appointments to LEGCO and EXCO are in theory made on the instructions of the Secretary of State. Because of this, it has always in the past been thought necessary to seek ministerial approval for even routine appointments. This strikes me as excessively zealous (we do after all have delegated authority to take routine decisions in the Secretary of State's name) and I suggest that in future approval for official appointments should be given at Head of Department level, unless there are special circumstances in particular cases. I recommend therefore that you approve without further ado the proposals in the (below) Govenor's telegram number 802 for the renewal of the appointments

of official members of LECCO. There is also no problem about the Governor's proposal to make such appointments indefinite: the constitution of LEGCO is laid down in paragraphs 13 to 19 of the "Royal Instructions to the Governor of Hong Kong". These make no mention of any time limit for official appointments to the Council (unlike unofficials who are limited to four years at a time).

(see Flay f 2.

folder)

226

The proposal to appoint Mr Akers-Jones to EXCO is a different in submission matter.

This seat is the only nominated (as opposed to ex officio) official seat in EXCO, and the custom in the recent past has been to give it to the senior, in age, of the official members of LECCO who are not already members of EXCO. Mr Stagg is a the moment doing some research to find out how far back this custom goes. It is certainly not laid down in the Royal Instructions, and in any case it seems a somewhat factious way of filling an important post which ought to go to the person best qualified to fill it. Mr Akers-Jones may arguably be this: but the fact remains that his appointment is a departure from convention, and there are a number of other people who might consider themselves to have a prior claim to the post, most notably ir David Jordan who is both senior in the local hierarchy and older. I suggest therefore that this appointment too might be discussed with the Governor before we give the go ahead. I have accordingly tagged a bit on to the end of the submission on the Governor's proposed changes in unofficials, which I have redrafted on the lines you suggested. I also attach a draft telegram from you to the Governor.

CODE 18-77

4 July 1978

HKK 01115 W.E.Chantill

- 5 ML 1975

OFFICER

ΡΑ

W E QUANTRILL

Hong Kong & General Dept

CONFIDENTIAL