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THE CHINESE PEOPLES POLITICAL CONSULTATIVE CONFERENCE (CPPCC)
1.
Hong Kong telegram No 381 of 21 March speaks of one or more members of the Executive Council being invited to attend a meeting in China of this conference, which is convened from time to time by the Chinese Government. It is also thought that they may be invited to become members of the conference on a five year appointment. Although the exact nature of the Chinese invitation will only be known when it is delivered, it seems that the persons concerned may be invited to become full participating members of the conference rather than observers.
2. If they accept such appointments the implication, at least if they become full members rather than observers, is that they also accept the terms of the constitution of the CPPCC. The translation of that constitution, dated 11 December 1982, refers to the conference as embracing persons !! ...who support the reunification of the motherland, including our compatriots in Taiwan, Hong Kong and Macao, and Chinese nationals residing abroad" The conference is committed to playing an important part "in achieving the reunification of the motherland". All this can be seen from the General Programme which appears at the beginning of the constitution. Article 10 also refers to efforts which must be made to strengthen ties and unity with the compatriots in Hong Kong and Macao, and to encourage them to make contributions to "building and reunifying the motherland."
3. Whether a member of Hong Kong's Executive Council who accepted membership of the conference would be committing himself in this way in his personal capacity, or in his capacity as a member of, and on behalf of, EXCO would depend on the terms of his invitation from the Chinese and the terms of his acceptance.
(202)
Whether a member of EXCO should be encouraged to become a member of the conference or discouraged from doing so, is a question of policy and not law. If our policy coincides with that of the governor (paragraph 6 of telegram 381) and we therefore wish to prevent EXCO members from accepting invitations to attend the conference, we have a sanction. Since all members of EXCO hold their places in that council during Her Majesty's pleasure they could easily be removed from the Council (Article V of the Letters Patent). If a member of EXCO were to join the conference in the face of opposition by HMG, and if as a result his conduct provoked royal displeasure, he could at royal pleasure be removed.
22 March 1983
CODE 18.77
cc: Mr Clift, HK&GD
7. Виного
F Burrows Legal Counsellor
Cared to Mr. Wacher, RD
CONFIDENTIAL
of Cox,
FED
4/24/3
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