TNAG-1286-FCO40-16372-Constitutional-development-in-Hong-Kong.-Part-2-of-2-1984 — Page 270

Mand

Mrs Champ

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18

17

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Mr

1

SECRET

couse. Power 3 wn, th

•R Hoare (HKD) be largely

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making it clear that (say) to this Sherton wild

be Deply to the Goveror.

PA

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Htter 011/3

STRY

041D JUL 1984

FROM:

Paul Fifoot

DATE:

11 July 1984

cc Sir Percy Cradock

Mr Burrows

17

HONG KONG: AN ELECTED GOVERNOR

266

1.

Thank you for letting me see the Attorney General's paper

on the proposal for an elected governor. I do not think

that there is any purpose in my commenting, at this stage, on

the possible role of the "joint group" nor will I comment on

the Attorney's political assessment of the proposals.

I would, however, make the following comments on the

constitutional aspects.

2.

First, page 1 includes as part of the proposal the idea

that the power of disallowance should come to an end even

though HMG would retain a legislative power. I assume the

reference to a legislative power refers not only to a power comparable with Article IX of the present Letters Patent

but also to the constitutive power in Article XX of the

Letters Patent. However, it is necessary to bear in mind

two points. First are we entirely to abandon the requirement

in the Royal Instructions about reserving

local Bills for

instructions (after Article XVI). Paragraphs 6, 7 and 10 are

particularly relevant and paragraph 2 might be prudent to

retain. Secondly if a power to legislate is reserved,

is it not corollary of that power that the power of

disallowance should be retained in order to avoid

inconsistency between local and imperial law on any particular item? The argument may be raised that to retain the power of disallowance will operate as a precedent for

the Chinese authorities after the establishment of the SAR,

1

SECRET

/but

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