TNAG-1150-FCO40-1430-Relations-between-Hong-Kong-and-the-European-Community-1982 — Page 59

IN CONFIDENCE

1

SECTION 1: CONSTITUTIONAL AND POLITICAL BACKGROUND

1.1 Hong Kong consists of:

(a)

(b)

(c)

Hong Kong Island, ceded by China in perpetuity by the Treaty of Nanking (1842);

Kowloon and Stonecutters' Island, similarly ceded in 1860 by the First Convention of Peking; and

the New Territories, which China leased to Britain for

99 years in 1898 by the Second Convention of Peking. Its total land area is 404 square miles and it has a population of 5.1 million of whom 98% are Chinese.

1.2 Hong Kong is a dependent territory and the Secretary of State for Foreign and Commonwealth Affairs is responsible to Parliament for its government. Hong Kong is itself administered, under the Letters Patent and the Royal Instructions, by a Governor, an Executive Council and a Legislative Council.

1.3 The Governor, who represents the Crown, is the head of government having the power to make laws (called 'ordinances') for the 'peace, order and good government' of Hong Kong. The Crown reserves the power to disallow ordinances enacted in Hong Kong and to legislate for the territory by Order in Council. In practice, no post-war British Government has exercised this power.

1.4 The Governor is advised by an Executive Council (known as 'Exco') of 15 members, comprising:

1.5

(a)

(b)

5 ex-officio members (the Chief Secretary, the Commander of the British Forces, the Financial Secretary, the Attorney- General, and the Secretary for Home Affairs); and

10 other members appointed by the Governor who may be either Official (i.e. members of the Hong Kong Government) or Unofficial. The Governor is required to consult Exco except on matters he considers too unimportant or too urgent. act in opposition to the advice he receives, but if he does s he must report his reasons to HMG.

He ma

The Governor legislates with the advice and consent of the Legis- lative Council (known as 'Legco') comprising:

IN CONFIDENCE

/(a)