TNAG-1234-FCO40-1547-Future-of-Hong-Kong-1983 — Page 61

DRAF T

SECRET

LOCALISATION OF THE HONG KONG GOVERNMENT

A

1.

However the negotiations on the future turn out, HMG is likely to face a prolonged period in which their ultimate control over Hong Kong's affairs will continue, probably with some increase of influence by Peking. Whether or not it proves possible to prolong HMG's powers beyond 1997, pressure for a greater say by Hong Kong

people in running their own affairs will grow over the next 14

years. The relationship with the United Kingdom will continue to be

tricky. We shall need to show that while we are not indifferent to

Hong Kong, we do trust them to manage their own business. great extent this must be achieved by giving more responsible and senior jobs to Hong Kong Chinese, but HMG can also help only intervening in the government of Hong Kong where this is strictly

necessary.

To a

Present Position

2. At present Hong Kong's constitution is embodied in the Letters

Patent supplemented by the Royal Instructions and with some administrative expansion in Colonial Regulations. The legal position is that HMG through the Secretary of State have full powers to intervene in Hong Kong both in domestic and external affairs.

However, in practice, there are limits on this and the Hong Kong Government has considerable de facto autonomy. The main areas in

which HMG intervene are:

a. the appointment of the Governor;

b.

C.

d.

the appointment and promotion of some senior officials

and judicial officers. This in practice amounts normally to endorsement of the Governor's proposals;

approval of the dismissal and suspension of civil servants; appointment of members to the Executive and Legislative Councils. Appointments can technically also be made direct by HMG but in practice are not;

SECRET

/e.