TNAG-1351-FCO40-1792-Constitutional-development-in-Hong-Kong-1985 — Page 38

CONFIDENTIAL

reserved power under Article IX of the Letters Patent is

some safeguard but the circumstances may be such that it might

be inappropriate for the United Kingdom to pass a law. This

may be a particularly significant fact as our present objective

in Hong Kong is to replace United Kingdom laws by ordinances.

5. If it is accepted that our responsibilities may make such a power necessary or desirable, then it may be considered that

the present is the last convenient time in which to introduce

the power into the constitution. The first introduction of

elected members could provide a reason for doing so and there

is unlikely to be a similarly cogent reason short of an

emergency which would call for not only the introduction of the power but also its immediate exercise. There was, of

course, nothing about this in the Green or White papers but,

again, it could be represented as a consequence of the

introduction of elected members. There is also the consideration

that if the power is introduced into the Hong Kong constitution

now, there may well be some reflection of it in the Basic Law,

though that is a very speculative matter.

6. This is very much a matter of policy, but the power is a

highly desirable if not necessary one in order to enable the

Governor to give effect to HMG's responsibilities. It is a

common form power it has been applied in dependent territories

of varying degrees of sophistication.

You will no doubt wish

to discuss this with the Governor and to take the views of

Ministers.

3

CONFIDENTIAL

And Fiber

Paul Fifoot

Deputy Legal Adviser