TNAG-1284-FCO40-1636-Constitutional-development-in-Hong-Kong-1984 — Page 33

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GR 600

SECRET

FUTURE EGRET

DESKBY FCO 2207COZ

DESKBY PEKING 230100Z

SECRET

FM HONG KONG 220535Z JUN 84

TO IMMEDIATE FCO

TELEGRAM NUMBER 1677 OF 22 JUNE

INFO IMMEDIATE PEKING

04/3

TOP CORY

2 2 JUN1984

No

Re

FUTURE EGRET: MY TELNOS 1664 AND 1672: CONSTITUTIONAL DEVELOPMENT AND GOVERNMENT STRUCTURE.

173

79

1. IN PARA 9 OF MY FIRST TEL UNDER REF, I UNDERTOOK TO LET YOU HAVE FURTHER COMMENTS ON

(A) HOW HMG COULD EXERCISE ITS RESIDUAL RESPONSIBILITIES IN HONG KONG AFTER THE ELECTION OF A CHIEF EXECUTIVE:

(B) HOW CHINESE ACQUIESCENCE COULD BE SECURED.

YOU WILL ALSO WISH TO BRING TO MINISTERS' ATTENTION THE QUESTION OF (C) HOW THE LAST GOVERNOR OF HONG KONG BEFORE 1997 WOULD BE SELECTED IF IT WERE NOT BY A PROCESS OF CONSULTATION, CONFIRMED BY ELECTION, AMONG EXCO AND LEGCO MEMBERS, AS WE HAVE PROPOSED.

ONCE 2. TO TAKE (C) FIRST, IT SEEMS TO ME INCONCEIVABLE THAT, THERE IS A LARGELY ELECTED LEGCO AND EXCO, HMG WOULD SEEK TO IMPOSE ON THEM A GOVERNOR, EITHER FROM LONDON OR HONG KONG, WITHOUT CONSULTATION WITH THEM: THE MEMBERS OF THE COUNCIL COULD ALSO BE EXPECTED TO TAKE INTO ACCOUNT, AT THAT STAGE, THE LIKELY CHINESE REACTION TO ANY CANDIDATE CHOSE,. THE ELECTIVE PROCESSES TO CONFIRM THE CHOICE OF CANDIDATE BEFORE HE IS RECOMMENDED FOR APPOINTMENT BY THE QUEEN, WOULD THUS SIMPLY VALIDATE THAT CONSULTATIVE PROCESS.

3. NON THE EXERCISE OF HMG'S RESIDUAL RESPONSIBILITIES, MINISTERS COULD POINT TO THE FOLLOWING FACT THAT THE GOVERNOR, WHEN APPOINTED BY THE QUEEN, WOULD BE GIVEN A COMMISSION IN SPECIFIC TERMS WHICH WOULD DEFINE THE LIMITS UNDER WHICH HONG KONG COULD OPERATE AUTONOMOUSLY AND THE AREAS RESERVED TO THE CROWN. THESE WOULD REFLECT THE POWERS AS THEN SPECIFIED IN THE LETTERS PATENT: AND ALSO IMPOSE ON HIM A DUTY TO CARRY OUT HMG'S OBLIGATIONS UNDER THE AGREEMENT WITH THE CHINESE AND INDEED IN OTHER INTERNATIONAL TREATY OBLIGATIONS WHICH HAD TO BE APPLIED WITHIN HONG KONG. BY THAT TIME THE POWER OF LEGISLATION FOR

INTERNAL AFFAIRS WOULD HAVE BEEN DEVOLVED TO THE LEGISLATURE IN HONG KONG RESERVING ONLY EXTERNAL AFFIARS AND DEFENCE TO THE SOVEREIGN POWER. THE PROPOSALS WOULD PROBABLY IMPLY AN ABOLITION OF THE POWER OF DISALLOWANCE BY HMG, AND THE RIGHT TO MAKE LAWS FOR HONG KONG WOULD THEREAFTER NOT BE EXERCISED SAVE IN AN EMERGENCY SITUATION. IF THE GOVERNOR EXCEEDED HIS COMMISSION IT WOULD REMAIN OPEN TO HMG TO DISMISS HIM AND APPOINT A NEW EXECUTIVE TO ADMINISTER HONG KONG UNDER EMERGENCY POWERS.

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