TNAG-1352-FCO40-1793-Constitutional-development-in-Hong-Kong-1985 — Page 101

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CONFIDENTIAL

CONFIDENTIAL HKK

COPY 6FEB 185

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DESKBY 06083OZ

FM HONG KONG 06040OZ FEB 35

TO IMMEDIATE FCO

TELEGRAM NUMBER 284 OF 6 FEBRUARY

INFO PRIORITY PEKING

PA

YOUR TELNOS 204 AND 205: AMENDMENTS TO LETTERS PATENT AND ROYAL INSTRUCTIONS AND LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) BILL.

1. MY FOUR IFTS CONTAIN MY COMMENTS ON:

(A) THE PROPOSAL FOR RESERVED POWERS OF LEGISLATION FOR THE

GOVERNOR:

(3) THE PROPOSAL FOR THE RESERVATION OF BILLS AFFECTING THE POWERS,

PRIVILEGES AND IMMUNITIES OF THE LEGISLATIVE COUNCIL AND ITS

MEMBERS:

(C) THE PROPOSAL FOR THE GOVERNOR TO HAVE THE POWER OF DISSOLUTION:

AND

(D) THE TIMING OF THE INTRODUCTION INTO LEGCO OF THE LEGISLATIVE

COUNCIL (ELECTORAL PROVISIONS) BILL.

2. I HAVE THREE GENERAL COMMENTS. THE FIRST IS THAT WE SHOULD NOT

BE DISTRACTED BY WHAT WAS DONE IN PLACES SUCH AS KENYA AND SINGAPORE IN THE 1950'S, THE SMALLER CARIBBEAN ISLANDS NOR BY THE SPECIAL CIRCUMSTANCES OF THE FALKLANDS. THE CIRCUMSTANCES AND REQUIREMENTS OF HMG IN THOSE CASES WERE COMPLETELY DIFFERENT FROM THOSE WHICH

NOW EXIST IN AND PERTAIN TO HONG KONG IN THE 1980'S IN THE LIGHT

OF THE AGREEMENT WITH THE CHINESE. IT IS THE NEED TO GIVE HONG KONG

THE BEST POSSIBLE CHANCE OF DEVELOPING AND MAINTAINING AFTER 1997

A CREDIBLE POLITICAL AND CONSTITUTIONAL STRUCTURE WHICH MUST BE

OVERRIDING. HMG MUST NOT SHOW ITSELF NERVOUS ABOUT THE CONSEQUENCE

OF THE EXTENSION OF REPRESENTATIVE GOVERNMENT HERE.

3. THE SECOND GENERAL POINT IS THAT EVERY NEW RESERVATION OR

RESTRICTION ON REPRESENTATIVE GOVERNMENT IN THE FORM OF NEW POWERS

FOR THE GOVERNOR WILL PROVIDE A HEAVEN-SENT OPPORTUNITY FOR THE

CHINESE TO INSERT SIMILAR LIMITATIONS IN THE BASIC LAW AND ARGUE

CONVINCINGLY THAT IF HMG THINK THEM NECESSARY BEFORE 1997 THE WILL

CERTAINLY BE NECESSARY AFTERWARDS.

4. THE THIRD POINT IS THAT THE TIMETABLE IS EXCEEDINGLY TIGHT IF

WE ARE TO GET THINGS TO A POINT WHERE ELECTIONS CAN BE HELD IN

SEPTEMBER. THERE IS THUS, IN ANY CASE, NO TIME FOR THE AMOUNT OF

CONSULTATION WHICH WOULD BE NEEDED ON CONSTITUTIONAL CHANGES NOT

ALREADY COVERED BY THE GREEN AND WHITE PAPERS LAST YEAR.

CONFIDENTIAL

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