TNAG-1283-FCO40-1635-Constitutional-development-in-Hong-Kong-1984 — Page 178

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AND THE SAR, THE POWERS OF AND RELATIONSHIPS BETWEEN THE EXECUTIVE,

THE LEGISLATURE AND THE JUDICIARY OF THE SAR AND THE RIGHTS AND

OBLIGATIONS OF CITIZENS.''

(B) PARAS 5 AND 6: WE THINK IT IS WORTH DRAWING A DISTINCTION

BETWEEN THE BROAD STRUCTURE OF GOVERNMENT WHICH WOULD BE

DEALT WITH HAN SOME DETAIL UNDER THE BASIC LAW AND THE MORE

SPECIFIC FUNCTIONS OF THE VARIOUS ARMS OF GOVERNMENT WHICH

WE SHOULD NOT WISH TO REPRESENT TO THE CHINESE AS CONSTITUTIONAL

QUESTIONS AND THUS ISSUES TO BE DETERMINED BY PEKING. RATHER

WE SHOULD OBTAIN CHINESE AGREEMENT TO THE PRINCIPLE THAT THESE

FUNCTIONS SHOULD CONTINUE UNCHANGED SUBJECT TO THE SAR

GOVERNMENT'S DISCRETION. WE THEREFORE SUGGEST THAT PARA

BEGIN QUOTE THE STRUCTURE... UNQUOTE AND PARA 6 QUOTE THE

SPECIFIC FUNCTIONS UNQUOTE. THIS WILL TRANSLATE WELL INTO

CHINESE.

...

(C) PARA 7: SIMILARLY, WE SUGGEST LINES 2 AND 3 BE EXPANDED TO READ** HIN ACCORDANCE WITH SPECIFIC PROCEDURES...''

...

(D) PARA 7: WE THINK THAT THE WORDING IN BOTH SETS OF SQUARE

BRACKETS SHOULD BE RETAINED. AS PARA 2(H) OF FIRST TUR STATES,

THERE IS MOST UNLIKELY TO BE ANY GIVE ON THIS, SINCE PEKING

WILL SEE IT AS A SYMBOL OF THEIR RIGHT OF ADMINISTRATION.

(E) PARA 8: FOR REASONS SPELT OUT IN PARA 4(F) OF MY TELNO 64

WE BELIEVE AN AMENDED FORMULATION IS NECESSARY. THE SAME

WORDING SHOULD BE USED AS HN THE PUBLIC SERVICE WORKING PAPER

(PARA 3(K) OF MY TELNO 65, HONG KONG TELNO 113 AND MY TELNO 84)

WE ASSUME THIS PARAGRAPH SHOULD REFER TO THE CHIEF OFFICIALS OF

THE QUOTE PUBLIC SERVICE UNQUOTE AND NOT THE QUOTE GOVERNMENT

UNQUOTE.

+

(F) PARAS 9 AN 10: WE SHOULD SPECIFY THAT EXCO WOULD DECIDE

POLICY AND LEGCO LEGISLATE WITHIN THE COMPETENCE OF THE SAR

AS LAID DOWN BY THE BASIC LAW'.

(G) PARA 10: WE THINK THE PENULTIMATE SENTENCE NEEDS CLARIFICATION.

WHICH PUBLIC SERVICE MEMBERS WOULD ALSO BE LEGCO MEMBERS AND

WOULD THEY BE EX OFFICIO, APPOINTED (BY WHOM?) OR ELECTED? (H) PARA 10, FINAL SENTENCE: ¡¡S HIT IMPOSSIBLE FOR SOMEONE

WHO IS NOT A MEMBER OF LEGCO (PARA 2(4) OF FIRST TUR) TO BE

''ELECTED'' PRESIDING OFFICER?

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/ (1) PARA 13