TNAG-1308-FCO40-1665-Future-of-Hong-Kong-1984 — Page 61

GR 300

SECRET

SECRET

クロッ

'90,

FM HONG KONG 130505Z MAR 84

TO FLASH PEKING

TELEGRAM NUMBER 187 OF 13 MARCH

INFO IMMEDIATE FCO

YOUR TELNO

(188)

HKKC040/1

RECEIVED IN REGISTRY

13 MAR 1984

DUSK OFFICEH

FUTURE OF HONG KONG: LEGCO DEBATE, INDEX

ANSWERS TO YOUR QUESTIONS ARE:

ام منو

L

(A) LEGCO MEETING WILL START AT 1430 LOCAL TIME (06302) ON 14 MARCH. THERE IS OTHER GOVERNMENT BUSINESS BEFORE THE DEBATE

ON THE LOBO MOTION, WHICH IS EXPECTED TO START AT APPROXIMATELY

1515 LOCAL TIME, AND WHICH WILL PROBABLY LAST ABOUT THREE HOURS.

(B) STANDING ORDER 22(2) OF THE LEGISLATIVE COUNCIL PROVIDES THAT

''A NOTICE OF A MOTION OR AN AMENDMENT SHALL BE SUBMITTED TO THE

PRESIDENT, WHO SHALL DIRECT -

(A) THAT IT BE PRINTED IN THE TERMS IN WHICH IT WAS HANDED

IN: OR

JB 16/3

(B) THAT IT BE PRINTED WITH SUCH ALTERATIONS AS HE MAY DIRECT: OR

(C) THAT IT BE RETURNED TO THE MEMBER WHO SIGNED IT, AS BEING IN

HIS OPINION OUT OF ORDER.''

THIS SEEMS TO BE WHAT ZHOU NAN HAS IN MIND, BUT IT IS WELL

ESTABLISHED THAT DISCRETIONARY POWERS OF THIS SORT ARE NOT (NOT)

EXERCISED ARBITRARILY. THEY ARE EXERCISED UPON THE AUTHORITY OF

SPECIFIC PROVISIONS OF THE STANDING ORDERS OR UPON PREVIOUS

PRECEDENCE, INCLUDING HOUSE OF COMMONS PRACTICE AND PROCEDURE.

THERE IS NOTHING IN THE STANDING ORDERS OR PRECEDENTS THAT WOULD

AUTHORISE THIS PARTICULAR MOTION BEING RULED OUT OF ORDER. IN CONSEQUENCE THE ANSWERS TO YOUR QUESTIONS ARE:

(A) THE GOVERNOR DOES NOT HAVE THE POWER CONSTITUTIONALLY TO BLOCK

OR AMEND ANY MOTION PUT FORWARD IN LEGCO: AND

(B) THE GOVERNOR DOES NOT HAVE THE CONSTITUTIONAL POWER TO PREVENT

SUCH A MOTION BEING DEBATED AT ALL.

YOUDE

FUTURE OF HONG KONG

120

FLANNING STAFF

/PUSD

D/ED/PUSD

PES B. (MR TALKER)

LEGAL ADVISER (STR TAN SINCLAIR

PS

PS/LADY YOUNG

PSAR LUCE

PS/FUS

SER J BULLARD

SIR V HARDING TR WILSON

UR TIGHT STE C TICKELL

COPIES TO:

BUCKINGHAM PALACE

PS/LORD PRESIDENT OF THE COUNCI PS/HOME SECRETARY

PS/CHANCELLOR OF THE EXCHEQUER

PS/LORD PRIVY SEAL

PS/SECRETARY FOR TRADE & INDUSTRY

COPIES TO: (VIA ADE)

MR ROBERTS IGES D

IR BURROWS LEGAL ADVS

KR COLES NO 10 DOWNING ST

see

200

MR MARIMIN ASSESSMENT STAFF CABINET OFFICE

MR GOODALL CABINET OFFICE

MR BEKINNAN CABINET OFFICE

PS/S OF S FOR DEFENCE D PS/ATTORNEY GENERAL

SECRET

SIR P CRADOCK EV K196

BIR P CRADOCK NO 10 DOWNING SURFET