TNAG-0832-FCO40-1040-Future-of-the-Dependent-Territories-1979 — Page 54

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

CONFIDENTIAL

moving to independence, we will hand over the Governor's special responsibilities. This is not generally so, the powers listed in (i) to (iii) being retained by the Governor acting in his discretion until the flag comes down, although he may of course be required and will certainly wish to consult the Premier over

his exercise of them.

I think, therefore, we need to rejig the existing paragraphs 2 and 5 to set out what would be the normal pattern which the

Secretary of State would insist on. This would be first that

the Governor has special responsibilities and I would like to

see these rephrased as follows:

(i)

External affairs;

Defence;

(ii)

(iii)

(iv)

(v)

Internal security including the police force;

Public Service matters not involving new financial

provision;

Judiciary (this could be regarded as included in (iv)

above and I would not press for its special mention

if the Legal Advisers say it is not necessary).

that

*

We then make the point ISG is only the penultimate stage on the

way to full independence as the despatch explains perfectly well.

On ISG the Governor will retain his special responsibilities

for (i) to (iii) but may be required to consult the Premier. I

am sorry I have not had time to suggest how these two paragraphs

might be married up to make my point. But as it stands, paragraph

2 is misleading;

(and will certainaly

be advised

f) I notice that you have removed the thought in the earlier

drafts about the possible need to claw back constitutional

powers in certain circumstances. Although this would be

extremely difficult in practice, it was the unanimous recommendation

of the January Governors' Conference and I wonder whether we

are right to cut it out ourselves. The possible form of words

would be, following on from paragraph 3:

"It follows from this that any constitutional changes adopted

in the light of a decision to move to independence would require

to be reviewed in the event that, perhaps owing to a change of

government in the territory, the timetable for advance to

CONFIDENTIAL

/independence

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