TNAG-1284-FCO40-1636-Constitutional-development-in-Hong-Kong-1984 — Page 38

1989 renew?

SECRET

POSITION OF THE GOVERNOR BEFORE 1997

6. MINISTERS IN LONDON AND THE EXECUTIVE COUNCIL IN HONG KONG HAVE ACCEPTED IN PRINCIPLE THAT THERE SHOULD BE ELECTIONS TO THE LEGISLATIVE COUNCIL AND THE EXECUTIVE COUNCIL AND A GREEN PAPER WILL BE ISSUED THIS SUMMER TO TEST PUBLIC OPINION ON THIS ISSUE. GIVEN HONG KONG'S INEXPERIENCE IN DIRECT ELECTIONS, ELECTIONS TO THE COUNCILS WILL BE INDIRECT AND BASED ON ELECTORAL COLLEGES. THIS SYSTEM WILL LEAD TO AT LEAST A MAJORITY OF INDIRECTLY ELECTED MEMBERS ON EXCO BY 1992, AND, SUBJECT TO PUBLIC REACTION TO THE GREEN PAPER, 4/5THS OF THE LEGISLATIVE COUNCIL WILL BE ELECTED BY

THAT TIME.

7. GIVEN THE MANDATE WHICH THE MAJORITY IN BOTH EXECUTIVE AND LEGISLATIVE COUNCILS WILL THEN HAVE FROM THE ELECTORATE IT WOULD BE UNWORKABLE TO HAVE A GOVERNOR (IN HIS CAPACITY AS CHIEF EXECUTIVE) WHO DID NOT ENJOY THEIR CONFIDENCE. FOR HIM TO SEEK TO OVERRULE THE COUNCILS ON MATTERS WITHIN THEIR COMPETENCE WOULD IMMEDIATELY LEAD TO A CONSTITUTIONAL CRISIS. BOTH HMG'S RESPONSIBILITY TO INTRODUCE THE MAXIMUM DEGREE OF REPRESENTATIVE GOVERNMENT IN AS FAR AS THIS LIES WITHIN THEIR POWER) AND PRACTICAL INTERNAL POLITICAL REALITIES THEREFORE ARGUE FOR AN ELECTED GOVERNOR. IT COULD LEAD TO GREAT UNCERTAINTY, GIVEN THE SHORT TIME SCALE AVAILABLE AND THE SURROUNDING CIRCUMSTANCES, TO TRY TO DO THIS BY DIRECT ELECTION. HENCE THE PROPOSITION ADVANCED FROM HONG KONG THAT THE GOVERNOR SHOULD BE ELECTED BY A COLLEGE BASED ON THE LEGISLATIVE AND EXECUTIVE COUNCIL.

AND

8. IF THERE WERE NOT AN ELECTED GOVERNOR, HMG WOULD ALSO BE FACED WITH AN ALMOST INTOLERABLE SITUATION IN 1997. THEY WOULD EITHER HAVE TO CONCERT WITH THE CHINESE IN THE CHOICE OF THE LAST GOVERNOR, OVER THE HEADS OF THE HONG KONG COMMUNITY OR WITHDRAW THEIR OWN GOVERNMENT HAND OVER POWER TO A CHINESE NOMINEE, MOREOVER, UNLESS AN ELECTIVE SYSTEM FOR THE SELECTION OF GOVERNOR HAD BEEN INTRODUCED BEFORE 1997 THERE WOULD BE NO CONFIDENCE WHATSOEVER IN HONG KONG IN CHINESE PROMISES TO PERMIT SUCH AN ELECTION AFTERWARDS. THIS WOULD SERIOUSLY DAMAGE THE CREDIBILITY OF THE ARGUMENT THAT HONG KONG WOULD BE ALLOWED A HIGH DEGREE OF AUTONOMY AFTER 1997, AND THUS PREJUDICE THE ACCEPTABILITY IN HONG KOOG OF THE AGREEMENT WITH CHINA.

IMPLICATIONS OF AN ELECTED GOVERNOR.

8. THE PROPOSED ELECTION OF A GOVERNOR RAISES A NUMBER OF QUESTIONS:-

(A) HOW HMG'S RESIDUAL OBLIGATIONS IN THE FIELDS OF FOREIGN AFFAIRS AND DEFENCE WOULD BE EXERCISED:

(B) WHETHER HMG WOULD NEED SOME RESIDUAL POWERS IN RELATION TO INTERNAL SECURITY AND TO ENSURE THAT THE HONG KONG GOVERNMENT DID NOT BREACH THE AGREEMENT WITH THE CHINESE:

AND

(C) WHAT THE REACTION OF THE CHINESE GOVERNMENT WOULD BE.

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POSSIBLE