TNAG-1283-FCO40-1635-Constitutional-development-in-Hong-Kong-1984 — Page 108

5. IF YOUR CONCERN IS THAT IT DOES NOT TAKE ACCOUNT OF THE POSSIBILITY THAT OFFICIALS MAY NEED TO SIT AS MEMBERS IN BOTH EXCO AND LEGCO AT LEAST UNTIL THE FINAL STAGES OF DEVELOPMENT, THIS CAN BE MADE BY RE-PHRASING THE PARAGRAPH AS FOLLOWS: **WITH THE EXCEPTION OF THE OFFICIAL MEMBERSHIP (WHICH INCLUDES THE CS, FS AND AG) MEMBERS OF THE EXECUTIVE COUNCIL AND THE LEGISLATIVE COUNCIL WOULD BE SELECTED BY AN ELECTIVE PROCESS.'

6. I HAVE THE FOLLOWING FURTHER COMMENTS:

1+

(1) WE MUST AVOID GIVING THE IMPRESSION THAT WE SHALL BE RETAINING ALL THE EXISTING CONSTITUTIONAL LINKS WITH THE UK RIGHT UP TO 30 JUNE 1997. IF WE WERE TO DO THIS THERE WOULD BE THE RISK THAT THE CPG WOULD SEEK TO USE IT TO JUSTIFY SUCH LINKS THEMSELVES WITH THE SAR THUS REDUCING ITS AUTONOMY. THE EXAMPLE YOU QUOTE IN PARA 2(G) OF YOUR FIRST TEL UNDER REF IS A CASE IN POINT. I WOULD ENVISAGE

· THAT THE PROVISIONS OF THE ROYAL INSTRUCTIONS REGARDING THE ASSENT TO CERTAIN BILLS BEING WITHHELD WOULD HAVE CEASED TO APPLY BEFORE 1997. FOR THE SAME REASONS AND ON THE BASIS OF MINIMUM CHANGE IN 1997 I WOULD HOPE THAT THE CHANGES STEMMING FROM THE SEVERING OF THE CONSTITUTIONAL LINK REFERRED TO IN PARAGRAPH 15 OF YOUR SECOND TEL UNDER REF WOULD BE REDUCED TO THE MINIMUM. (2) IN PARA 3(X) OF MY TELEGRAM 251 | PROPOSED A REDRAFT OF PARAGRAPH 16 DEALING WITH THE SECRETARIAT AND DEPARTMENTS. IT OMITTED THE FINAL SENTENCE WHICH YOU HAVE REINSTATED IN THE DRAFT IN YOUR SECOND TEL UNDER REF. I RECOMMEND THIS SENTENCE COMMENCING ALL HEADS OF DEPARTMENTS AND AGENCIES.....''SHOULD BE DELETED: IT IS NOT THE CASE NOW AS REGARDS THE FS AND AG. (3) IN PARA 15 QUOTE DETAILED MIGHT BE A BETTER WORD THAN

'EXACT' IN ORDER TO SHOW THAT WE ARE NOT CONTEMPLATING

FUNDAMENTAL CHANGE.

YOUDE

FUTURE OF HONG KONG

LIMITED

HD/HKD

HD/FED

HD/PLANNING STAFF

ED/PUSD

D/HD/PUSD (MR FLOWER)

RES.B. (MR WALKER)

LEGAL ADVISER (SIR IAN SINCLAIR

PS

PS/LADY YOUNG

PS/MR LUCE

PS/PUS

SIR J BULLARD

SIR W HARDING

MR DONALD

MR WRIGHT

SIR C TICKELL

COPIES TO:

BUCKINGHAM PALACE

PS/LORD PRESIDENT OF THE COUNCIL PS/HOME SECRETARY

PS/CHANCELLOR OF THE EXCHEQUER

PS/LORD PRIVY SEAL

PS/SECRETARY FOR TRADE & INDUSTRY

COPIES TO: (VIA ADR)

MR ROBERTS · Y ́EWS D

MR BURROWS LEGAL ADVS

MR COLES NO 10 DOWNING ST

MR MARTIN ASSESSMENT STAFF CABINET OFFICE

MR GOODALL CABINET OFFICE

MR BRENNAN CABINET OFFICE

PS/S OF S FOR DEFENCE D PS/ATTORNEY GENERAL

SIR P CRADOCK RM K195

BIR P CRADOCK NO 10 DOWNING STREET

SECRET