TNAG-1287-FCO40-1638-Constitutional-development-in-Hong-Kong-1984 — Page 227

GRS 450

SECRET

(202

SECRET

REQUIVE

29 JUN 1984

FM HONG KONG 271055Z JUN 34

TO IMMEDIATE PEKING

TELEGRAM NUMBER 1735 OF 27 JUNE

INFO IMMEDIATE F C O

OUR TELNO 1663.

FOR WILSON FROM DAVIES

حلام

My Home

A. unsider

FUTURE OF HONG KONG : CONSTITUTIONAL ARRANGEMENTS AND

GOVERNMENT STRUCTURE.

DURING OUR DISCUSSIONS HERE LAST WEEK (PARA 4(A) OF TUR) WE

PROMISED TO LET YOU HAVE A NOTE ON THE NEED FOR A DEPUTY CHIEF

EXECUTIVE (DCE) IN THE FUTURE SAR GOVERNMENT.

2. THE PROPOSAL THAT THERE SHOULD BE A DCE WAS INCLUDED IN PARA 10

OF OUR WORKING PAPER ON CONSTITUTIONAL ARRANGEMENTS. THE REASON FOR

THE PROPOSAL WAS THAT A DCE WAS REQUIRED TO PROVIDE CONTINUITY IN

THE EVENT OF THE SUDDEN DEATH OR INCAPACITY OF THE CE, AND PENDING THE ELECTION OF A SUCCESSOR. THE DCE WOULD, OF COURSE, ALSO ACT

OR DEPUTISE FOR THE CE DURING THE LATTER'S ABSENCE.

3. AT PRESENT PROVISIONS EXIST IN ARTICLES XVII AND XVIIA OF THE

LETTERS PATENT FOR THE APPOINTMENT OF AN ACTING GOVERNOR OR A

DEPUTY TO THE GOVERNOR. IN PRACTICE THE CHIEF SECRETARY IS NORMALLY

APPOINTED TO ACT OR DEPUTISE FOR THE GOVERNOR WHENEVER THE NEED

ARISES. AS IT IS ENVISAGED THAT THERE WILL BE A POST IN THE FUTURE

SAR GOVERNMENT EQUIVALENT TO THAT OF THE CHIEF SECRETARY, IT COULD

BE ARGUED THAT IN CONSTITUTIONAL AS DISTINCT FROM POLITICAL

TERMS THE HOLDER OF THAT POST WOULD BE ABLE TO ACT OR DEPUTISE

FOR THE CE AND THAT, THEREFORE, A DCE WOULD BE UNNECESSARY. AN

ALTERNATIVE COULD BE THE PRESIDING OFFICER OF THE LEGISLATURE.

4. ON POLITICAL GROUNDS NEITHER OF THE HOLDERS OF THESE POSTS OR

ANY OTHER WE COULD THINK OF IS A SUITABLE REPLACEMENT FOR AN ELECTED

CHIEF EXECUTIVE WHO MIGHT IN SOME CIRCUMSTANCES BE INCAPACITIATED FOR

POSSIBLY A PROLONGED PERIOD AND TO COVER THE SITUATION IN WHICH THE

CE DIES IN OFFICE. THE CE WOULD HAVE A DIFFERENT RELATIONSHIP WITH

THE LEGISLATURE AND EXECUTIVE AUTHORITIES FROM THAT WHICH EXISTS

BETWEEN THE GOVERNOR AND LEGCO/EXCO AT PRESENT AND WE WE WOULD WANT

THE MAINTAIN THE INDEPENDENCE OF THE PRESIDING OFFICER OF THE

LEGISLATURE EXCEPT IN THE LAST RESORT E.G. IF THE DCE WERE

INCAPICATED WHILST DEPUTISING OR ACTING AS CE. FOR ALL THESE

REASONS WE CONSIDERED THAT IT WAS ESSENTIAL FOR THERE TO BE A DCE

WHO IS, SO TO SPEAK, OF THE SAME ILK AS THE CE.

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