TNAG-1284-FCO40-1636-Constitutional-development-in-Hong-Kong-1984 — Page 86

CODE 18-77

Mr Burrows

Burrows

SECRET

Reference...

166

(Legal Advisers WH 218)

FUTURE OF HONG KONG: CONSTITUTIONAL POSITION EXCO

1.

When the Governor met the PUS on 24 May he said that there was a danger that some of the unofficial members of the Executive Council might resign, which would leave the Governor acting without the full advice of his Executive Council. He added that the Hong Kong Government was constituted by the Governor acting on the advice of EXCO. The Hong Kong Government was not an entity on its own, separate from EXCO. Such resignations would create a very difficult situation although it would be constitutional for the Hong Kong Government to function.

2. I would be grateful for your advice on the constitutional position of the Hong Kong Government in the case of the resignation of the unofficial members of EXCO. Would EXCO continue to function made up entirely of official members, or could the Governor continue to govern without any

Executive Council at all?

HKK.

011/3

RECEIVED IN REGISTRY

2 0 JUN 1984

DCSY OFFICE?

STAY

No

5 June 1984

PA.

Jonathan Rill.

J Powell

Hong Kong Department WH 305

233 3722