TNAG-1284-FCO40-1636-Constitutional-development-in-Hong-Kong-1984 — Page 67

KEK 011/3

к

RECEIVED IN REGISTRY

2 5 JUN 1934

DESK OFFICER

REGISTRY

No

PA

action Tekaar

B

12 H

Sir P Cradoc

Private Secretary

CONFIDENTIAL

172)

Semok of State

FROM: RD CLIFT, HKD DATE: 20 June 1984

cc: PS/Mr Luce

PS/PUS

Sir W Harding Sir J Freeland Mr Orr, FED

Mr Fifoot, Legal Adviser

Mir Alift

Thanks. Agreed.

7/22/6

HONG KONG: CONSTITUTIONAL DEVELOPMENT

1.

At the office meeting on 13 June, the' Secretary of State suggested that we should obtain the services of an expert to advise on the longer-term implications of any constitutional changes proposed in Hong Kong between now and

1997.

Requirement

2.

I do not think we need a full-blown constitution drafter. We are dealing with the special circumstances of Hong Kong and building on the systems already there. Much of the work must be done in Hong Kong itself. Moreover it would be extremely hard to find an outsider (eg a former dependent territories officer) who would be able to read up the complexities of Hong Kong and give constructive help within our tight timescale.

3.

What would be useful would be someone in the FCO with experience of previous situations in which HMG had prepared for the relinquishment of power, who would advise us on likely pitfalls, and on such questions as the retention of reserved powers. That points to a legal adviser.

4.

I have consulted Sir John Freeland who has suggested that Mr Paul Fifoot might be able to help. I have in turn disucssed with Mr Fifoot. He has the relevant experience and would be happy to advise. He has continuing commitments on the Law of the Sea Conference and will be away in the first ten and last ten days of August. He is also away for one week after today. But he would be available to give advice apart from that. I am arranging for the main papers on constitutional questions to be sent to him.

20 June 1984

R D Clift

Hong Kong Department

CONFIDENTIAL