TNAG-1286-FCO40-16372-Constitutional-development-in-Hong-Kong.-Part-2-of-2-1984 — Page 271

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but my impression is (see paragraph 3 of Peking telno 1358) that the Chinese are likely to want some such power without any prompting from a British precedent.

3•

On page 3 the Attorney General notes that it would be "implicit" that the powers of self-government could be withdrawn and placed in the hands of others. I have previously minuted on the undesirability of there being any uncertainty in the devolution or succession of power in the event that HMG were to consider it necessary to take the

extreme step of removing or suspending an elected governor. The ability of HMG to provide for the continued government of Hong Kong in such circumstances is likely to be a matter of considerable difficulty, but the odds against it are likely to be increased if the local police and officials on whom HMG will have to rely are left in doubt

as to who has the authority to instruct them. "Implicit"

will not do. (I should, perhaps, add that to provide that

CBF should be the successor will be likely to set an

unfortunate precedent.) This point is relevant to point (c) on page 7. The problem is not so much a lack of organisational strength and experience of the police force as their not knowing where to turn for instructions at a

crucial moment.

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Pand Fifer

Paul Fifoot

Deputy Legal Adviser