TNAG-0926-FCO40-1144-Future-of-the-Dependent-Territories-1980 — Page 94

T

HKG 025/1

1 8 JUN 1980

FILE

35

PS/Mr Blaker

мучто

PQ ON SYSTEM OF GOVERNMENT IN DEPENDENT TERRITORIES

1.

Mr Blaker's query on this Question. The position is different in Hong Kong and the other Dependent Territories. This is primarily because, except in those cases where there no significant population, there is a system of central government with an elected legislature and usually local Ministers forming a Cabinet. There is thus a distinction between powers exercised by local Ministers and those which are the responsibility of the Governor on behalf of HMG. In Hong Kong this distinction does not apply. There is in fact a total reservation of powers to the Crown in the Letters Patent which form Hong Kong's Constitution. These are normally only exercised in the fields of external affairs, security and defence.

2. I have, however, discussed the Question with the Legal Adviser. He considers that it would be entirely reasonable to omit under Hong Kong any reference to the reservation of powers while merely referring to the Governor administering the Territory with the advice of the Executive and Legislative Councils. The attached re-draft includes this amendment, together with some changes in the items for other territories.

3.

These, I think, make the contrast between Hong Kong and the other territories less although we cannot altogether avoid reflecting the basic difference.

17 June 1980

cc. Mr Harding

Brip

RD Clift

Hong Kong and General Department