TNAG-1287-FCO40-1638-Constitutional-development-in-Hong-Kong-1984 — Page 279

SECRET

28215 - /

A JOINT GROUP BASED IN HONG KONG, AND TO THAT IMPORTANT EXTENT IS AGAINST OPTION D AS WELL, ALTHOUGH HE ACCEPTS THAT THE ELECTED

GOVERNOR WOULD NOT BE THE COMMANDER-IN-CHIEF AND THAT HMG WOULD RETAIN RESERVE POWERS COVERING FOREIGN AFFAIRS AND THE RIGHT TO

DISMISS THE GOVERNOR IF HE EXCEEDED HIS POWERS.

PROCEDURE

13. THE QUESTION OF CONSULTATION WITH THE CHINESE IS DIFFICULT. IN ORDER TO UNDERLINE OUR CONTINUING RESPONSIBILITY UP TO 1997, WE WOULD PREFER TO INFORM RATHER THAN TO CONSULT THEM ON CONSTITUTIONAL QUESTIONS. THIS, HOWEVER, IS PROBABLY IMPRACTICABLE WHERE THE GOVERNORSHIP IS CONCERNED. WE SHOULD BE IN AN IMPOSSIBLE POSITION IF WE PUBLISHED PROPOSALS WHICH PEKING

THEN ATTACKED PUBLICLY. WE MUST FIRST DECIDE WHAT OUR AIMS ON

THE GOVERNORSHIP ARE AND THEN FLOAT THEM WITH THE CHINESE

SEPARATELY FROM, BUT IN THE CONTEXT OF, THE GREEN PAPER PROPOSALS OF WHICH WE SHALL SHORTLY INFORM THEM.

14.

THIS IS ANOTHER POINT ON WHICH WE DISAGREE WITH THE

GOVERNOR. HE BELIEVES THAT THERE IS LITTLE PROSPECT OF OBTAINING

THE SPECIFIC AGREEMENT OF THE CHINESE TO THE IDEA OF AN ELECTED GOVERNOR AND THAT BY SEEKING THEIR APPROVAL WE WOULD BE ACCEPTING

THAT THEY SHOULD HAVE THE POWER OF VETO. HE ALSO CONSIDERS THAT

THERE IS A CHANCE THAT THE CHINESE WOULD NOT ATTACK A

PUBLICLY-FLOATED PROPOSITION THAT AN ELECTED GOVERNOR SHOULD FOLLOW ELECTIONS TO THE EXECUTIVE AND LEGISLATIVE COUNCILS, FOR

FEAR OF UNDERMINING THE CREDIBILITY OF THEIR CLAIM THAT THEY ARE

PREPARED TO LET HONG KONG PEOPLE RUN HONG KONG. IF THEIR

REACTION WAS SUCH AS TO MAKE THE FINAL STEP OF ELECTING A GOVERNOR UNWORKABLE, AT LEAST HMG WOULD BE SEEN TO HAVE TRIED AND

THE ONUS FOR THE SITUATION WOULD FALL ON THE CHINESE.

15. WE DO NOT FIND THIS A PERSUASIVE ARGUMENT. IT WOULD MEAN A

CONFRONTATION WITH THE CHINESE, IN WHICH NOT MERELY THE ARRANGEMENTS UP TO 1997 WOULD BE DISRUPTED BUT THE STRUCTURE OF

THE POST-1997 AGREEMENT COULD BE JEOPARDISED. THE PLACING OF THE

BLAME ON THE CHINESE WOULD BE OF NO LONG-TERM ADVANTAGE TO THE

PEOPLE OF HONG KONG.

ENDS

Homk

FUTURE OF HONG KONG

PLANNING STAFF

E/PUSD

D/ED/PUSD

PES. (R WALKER)

LEGAL ADVISER (SIR J FREELAND)

PS

PS/LADY YOUNG

PSAR LUCE

PS/PUS

SIR J BULLARD

STR A FARDING

WILSON

MR. GOODALL SIR C TICKERLI

COPIES TO:

BUCKING AV PALACE

PS/LOFD PRESIDENT OF THE COUNCIL

PS/HOME SECRETARY

PS/CHANCELLOR OF THE EXCHEQUER

PS/LORD FRIVY SEAL

PS/SECRETARY FOR TRADE & INDUSTY

COPIES TO: (VIA ADR)

VR ROBERTS I ́EWS D

HR BURROWS

LEGAL ́IDVS

MR POWELL NO 10 DOWNING STREET

ME MARTIN ASSESSMENT STAFF CABINET OFFICE

MR CARTLEDGE CABINET OFFICE

MR BRENNAN CABINET OFF

PS/S OF S FOR DEFENCE D

PS/ATTORNEY GENERAL

SIR ? CRADOCK EM KĪRS

SIR P CRADOCK NO 10 DOWNING STREET

SECRET