TNAG-0936-FCO40-1155-Visit-of-Norman-Fowler--Minister-of-Transport--to-Hong-Kong--1980 — Page 14

IN CONFIDENCE

HONG KONG

CONSTITUTIONAL AND POLITICAL BACKGROUND

1.

Hong Kong consists of three areas:-

2.

Hong Kong Island, which China ceded to Britain in perpetuity in 1852;

b.

Kowloon and Stonecutters' Island, which was similarly ceded in 1860;

and

C. the New Territories, which China leased to Britain for 99 years in 1898.

Total land area is 404 square miles: the population is over 5m (of whom 98% may be described as Chinese on the basis of language and culture).

2. Hong Kong is a Crown Colony and the Secretary of State for Foreign and Commonwealth Affairs is directly responsible to Parliament for its government. Hong Kong is itself administered, by a Governor, an Executive Council and a Legislative Council.

3.

The Governor has wide powers under the constitution, including the power to make laws (called 'Ordinances') for the "peace, order and good government of the Colony". The Crown reserves the right of veto for all ordinances enacted in Hong Kong and the right to legislate by Order in Council. In practice, no post-war British Government has exercised this power.

4.

The Executive Council ("Exco") comprises: -

a. 5 Ex-officio members (the Chief Secretary, the Financial

Secretary, the Commander of the British Forces, the Attorney- General, and the Secretary for Home Affairs); and

b. 10 other members appointed by the Governor. The Governor is constitutionally required to consult Exco on all matters except

those he considers too unimportant or too urgent to warrant obtaining their advice. He may act in opposition to the advice he received, but if he does so he must report his reasons to ILiG.