TNAG-1308-FCO40-1665-Future-of-Hong-Kong-1984 — Page 47

CODE 18-77

My Cliff

We spoke

Mr Williams,

HKD

SECRET

FUTURE OF HONG KONG: LEGCO DEBATE

1.

Reference..

(200)

196

You asked me to look at Hong Kong telegram No 187 to Peking of 13 March.

2.

I agree that Standing Order 22 of the Legislative Council does not give the Governor any power to block any motion. Under Article XXII of the Royal Instructions he may vote on any question proposed for debate, and he has a casting vote in the event of a tie, but he has no veto.

3.

On the other hand, it is not entirely clear from the text of Standing Order 22(1) & (2) why, as Hong Kong maintain, the Governor could not, in his capacity as a member of the Legislative Council, propose an amendment to a motion, and then, in his capacity as President of the Council, rule on its admissibility. However, it would not surprise me if Hong Kong were to say that it would be contrary to well established practice for the Governor to act in that way.

7. Bunous

13 March 1984

Cc: Mr Clift, HKD

Pa

F Burrows

Legal Counsellor

Daily

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