ง
SECRET
Tel santo HKC
PA on 04/3
FROM:
744617
Paul Fifoot
DATE: 5 July 1984
HKCK
011/3
NRGEIVELY REGISTRY:
clift,
-9 JUL1984 Clift, Hong Kong Dept
DESK OFF
KOTRY
KER
HONG KONG DRAFT GREEN PAPER
215
208
1. I have now had an opportinity of looking at the draft
Green Paper and the amendments proposed by EXCO in Hong Kong
telno 1796.
2.
Paragraph 58 of the draft Green Paper says that
"The governor will continue to be appointed formally by the Queen and to be Her representative in Hong Kong
until 1997". At a later stage the paper canvasses the
possibility of the governor being selected through an
elective process.
Even though there may be a formal
appointment of an elected governor, I think it is
questionable whether it would be appropriate for him to be,
at least in formal terms, the representative of the Queen.
I do not recall an instance where this has been the case.
The Yang di-Pertuan Negara who was the Queen's representative
under the 1958 Singapore constitution was an appointed
officer; and although Motlotlehi (the Paramount Chief of
Basutoland) exercised certain functions on behalf of the
Queen under the 1965 constitution, he was not formally Her
Majesty's representative. I think this is a matter to
which some further thought will need to be given.
3. In the meanwhile, is there some slight hostage to the
future in retaining this reference? It could give rise to
an expectation of a formal link between the governor and the
Queen which might limit our options or raise problems for the
Palace. I appreciate that the draft has been seen by EXCO,
but they have amended this particular paragraph, though not
the particular sentence, and it might be possible to redraft the whole paragraph with the omission of this particular
passage.
cc See attached list
Paul Fifor
Paul Fifoot Deputy Legal Adviser
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