TNAG-1220-FCO40-1530-Democratic-representation-and-reform-in-Hong-Kong-1983 — Page 64

GOVERNOR'S DEPUTY

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8. THE GOVERNOR WOULD NEED A DEPUTY TO ACT IN CASE OF ILLNESS, ABSENCE OR DEATH. HE COULD BE ELECTED BY THE SAME PROCESS. THE

DEPUTY WOULD BE A MEMBER OF THE EXECUTIVE COUNCIL AND PRESIDE IN

THE ABSENCE OF THE GOVERNOR.

THE GOVERNOR'S RELATIONSHIP WITH EXCO

9. THERE WOULD NEED TO BE A CHANGE IN THE GOVERNOR'S RELATIONSHIP WITH THE EXECUTIVE COUNCIL. HE WOULD STIL CHAIR THE COUNCIL BUT AS

CHIEF EXECUTIVE OF THE GOVERNMENT HE WOULD BE BOUND TO ACCEPT AND

IMPLEMENT THE COUNCIL'S DECISIONS, UNLESS THERE WERE AREAS RESERVED

FOR HIS PERSONAL DECISION BY LAW. SINCE NO GOVERNOR HAS GONE AGAINST

THE ADVICE OF THE EXECUTIVE COUNCIL IN LIVING MEMORY THIS WOULD ONLY

FORMALISE AN EXISTING SITUATION. MOREOVER THE EXECUTIVE COUNCIL WOULD

ITSELF HAVE BEEN LARGELY ELECTED BY THE LEGISLATIVE COUNCIL AND

WOULD THUS HAVE A POLITICAL LEGITIMACY WHICH IT DOES NOT HAVE

NOW.

THE RELATIONSHIP WITH THE JUDICIARY

10. THE RELATIONSHIP OF THE GOVERNOR TO THE JUDICIARY WOULD BE

SUBSTANTIALLY UNCHANGED.

THE SEQUENCE OF ELECTIONS

11. THE ELECTION OF THE GOVERNOR WOULD BE THE FINAL STEP IN THE

SEQUENCE OF WIDENING THE ROLE OF THE ELECTIONS IN THE TERRITORY.

(THE PATTERN WOULD BE (1) EXTENSION OF REGIONAL COUNCIL ELECTIONS

TO THE WHOLE TERRITORY: (11) COLLEGIATE ELECTIONS TO THE LEGISLATIVE

COUNCIL (PARA 7 OF MY TUR): AND FINALLY (111) ELECTION OF THE

GOVERNOR.)

BUT SOME CHANGES COULD BE BROUGHT IN AT EARLIER STAGES, E.G.

THE ELECTION BY LEGCO OF ITS OWN SPEAKER, AND THE FORMAL REQUIREMENT

FOR THE GOVERNOR TO ACCEPT THE ADVICE OF EXCO AFTER EXCO HAD BECOME

AN ELECTED BODY.

CONCLUSION

12. AS WITH THE PROPOSALS IN MY TUR I DO NOT SUGGEST THAT THESE

PROPOSALS SHOULD AT THIS STAGE BE FORMALLY ENDORSED BY MINISTERS.

LOCAL CONSULTATION WOULD BE REQUIRED BEFORE THEY COULD BE

TERMED ACCEPTABLE. (PRESENTATION WOULD BE VERY IMPORTANT:

WHEREAS WE MAY SEE THEM AS A MEANS OF STIFFENING THE RESOLVE OF

LOCAL PEOPLE IN SUCH A WAY AS TO OVERCOME THEIR FEARS, SOME MAY

SEE THEM AS PRIMARILY MOTIVATED BY A WISH TO SET THE SCENE FOR

BRITISH DEPARTURE RATHER THAN AS A GENUINE MOVE FORWARD TOWARDS

DEMOCRACY.) BUT THIS ANALYSIS SHOWS THAT, PROVIDING THE CHINESE

DO NOT FRUSTRATE THE PROCESS, IT SHOULD SE POSSIBLE TO MOVE BY

STAGES TO AN ELECTIVE SYSTEM: AND THAT WE COULD WITH REASONABLE

CONFIDENCE MAKE THE BASIS FOR OUR DISCUSSIONS WITH THE CHINESE THE

ASSUMPTION THAT BY 1997 THERE WILL BE A REPRESENTATIVE SYSTEM OF

GOVERNMENT IN HONG KONG WITH AN ELECTED GOVERNOR.

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