TNAG-1283-FCO40-1635-Constitutional-development-in-Hong-Kong-1984 — Page 107

GR 600

SECRET

DEKSBY 07100OZ

SECRET

FM HONG KONG 07093OZ FEB 84

TO IMMEDIATE FCO

TELEGRAM NUMBER 308 OF 7 FEBRUARY

INFO IMMEDIATE PEKING.

(20)

HKK 011/3

LUAR NEGisHAY

-TFEB 1984

INDL

Ru

PA

REGISTRY Action Takan

37

Soe 46

KEB

sele

Seer 54

YOUR TELEGRAMS 203 AND 204: FUTURE OF HONG KONG: WORKING PAPER ON CONSTITUTIONAL ARRANGEMENTS.

1. THE OMISSION OF ANY REFERENCE TO AN ELECTIVE PROCESS PRODUCING THE MEMBERSHIP OF LEGCO AND EXCO DUCKS A CRUCIAL ISSUE.

2. AS I POINTED OUT IN PARA 9 OF THE PAPER IN MY TELNO 1973 (OF 1983), IF THE SOURCE OF POLITICAL AUTHORITY IN HONG KONG IS TO CEASE TO BE LONDON, AND IT MUST NOT BE IN PEKING, THEN IT MUST LIE IN HONG KONG ITSELF. AN ELECTIVE PROCESS FOR LEGCO AND EXCO IS THE ONLY WAY I AM AWARE OF WHICH CAN PRODUCE THAT AUTHORITY. IT WOULD BE UNREALISTIC TO THINK THAT THE CHIEF EXECUTIVE COULD BE ELECTED AND THEN HIMSELF HAVE THE AUTHORITY TO APPOINT THE

TWO BODIES.

3. I SEE THREE REASONS FOR INCLUDING THE PARAGRAPH PROPOSED IN PARA 3(VI) OF MY TELNO 251

(A) THE ESTABLISHMENT OF A SELF-SUSTAINING POLITICAL STRUCTURE IN HONG KONG THROUGH THE ELECTIVE PROCESS, IS ONE OF THE MAIN ASSURANCES WHICH WE ARE COMMITTED TO SEEK. I CANNOT SEE WHERE ELSE THE CHINESE COULD BE MADE AWARE OF OUR INTENTIONS IF IT

IS NOT TO BE THROUGH THIS PAPER.

(B) IT WOULD BE A SERIOUS POLITICAL MISTAKE TO PUT IN A PAPER TO THE CHINESE WHICH WOULD ENABLE THEM TO CLAIM THAT THE BRITISH GOVERNMENT HAS DOUBTS ABOUT AN ELECTIVE PROCESS IN HONG KONG, QUOTING THE FACT THAT WE HAVE MADE NO REFERENCE TO SUCH A PROCESS AN OUR KEY PAPER ON CONSTITUTIONAL MATTERS:

(C) THE WORD GENERATION'' USED IN THE FORMULA IN PARA 7 OF YOUR SECOND TEL UNDER REF WILL BE MEANINGLESS IN CHINESE AND WILL IMMEDIATELY INVITE A DEMAND FROM THE CHINESE THAT WE EXPLAIN

WHAT WE MEAN BY IT.

(D) IT WOULD IN ANY CASE BE ILLOGICAL TO REFER TO THE ELECTION OF THE CHIEF EXECUTIVE BUT NOT TO SAY HOW THE BODY WOULD BE CREATED WHICH WOULD DECIDE ON THE METHOD OF HIS ELECTION.

4. THE FORMULA 1 HAVE PROPOSED DOES NOT, AS YOUR TEL UNDER REF SUGGESTS, COMMIT HMG TO ANY PARTICULAR FORM OF ELECTIVE PROCESS. WE CAN REASONABLY ARGUE THAT THE SYSTEM MUST BE WORKED OUT IN ACCORDANCE WITH THE SPECIAL CIRCUMSTANCES OF HONG KONG.

SECRET

/5. IF