TNAG-1287-FCO40-1638-Constitutional-development-in-Hong-Kong-1984 — Page 105

C

НКК...

all 3

RECEIVED IN REGISTRY

· 9 JUL 1984

DESK OFFICER

INDEX

Mr. Clift

Taben

views I

SECRET

Mr. Mun 17 Neuro7 Mr. Her 19311

This echoes some of of the

(214)

The givemer med Paul Fifoot

peg.

that what matters

Hong Kong Dept

FROM

DATE: 5 July 1984

See(220

is whether the Civil Service and the Police would obey The new authority. R. conoides

Dish

FUTURE OF HONG KONG: "RULE THE TERRITORY DIRECT FROM LONDON"

1. In the annex to your discussion paper of 3 July, you

discuss the reservation of powers to HMG in the event of the

appointment of a locally elected governor. As part of the argument the annex says that it would be constitutionally

possible to dismiss an elected governor in certain

circumstances and "either to rule the territory direct from

London or to invite the electoral college to choose another

candidate for formal appointment in London". The

proposition that it would be possible to rule the territory

direct from London is highly questionable and both that

proposition and the alternative of inviting a selection of

another candidate by the electoral college could involve the suspension of authority (or doubts about where it resides) at

a time when it is most needed.

2.

Any instructions for the governing of Hong Kong would have

to be implemented by officials on the spot, and the subordinate

officials who will in fact be called upon to act will need to

know who locally they can look to for instructions and whose

instructions will be upheld in the courts. The position

Even if

will be particularly acute (and dangerous) if HMG should decide they must dismiss or suspend the governor.

we exclude the possibilities of the Chinese seeking to

take advantage of the situation, we must assume some forms

of resistance or resentment as a consequence of HMG resorting

to the dismissal of the governor and that can only be

encouraged by uncertainty and muddle. In such circumstances it is, I believe, essential that it should be made clear to

officials, the police, the population and ultimately the

courts, that there has been an act of dismissal or

1

SECRET

/suspension

Page 105Page 106