TNAG-1352-FCO40-1793-Constitutional-development-in-Hong-Kong-1985 — Page 83

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12 FEB 1985

GRS 649

CONFIDENTIAL

FUTURE EGRET

FM FCO 111200Z FEBRUARY 85

TO IMMEDIATE HONG KONG

TELEGRAM NUMBER 243 OF 11 FEBRUARY

INFO

PEKING

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YOUR TELNOS 284-9: AMENDMENTS TO LETTERS PATENT AND ROYAL

INSTRUCTION AND LEGCO (ELECTORAL PROVISIONS) BILL

1. WE HAVE CONSIDERED CAREFULLY THE POINTS MADE IN TURS. THE

SECRETARY OF STATE HAS DECIDED THAT HE WILL NEED TO CONSULT HIS

COLLEAGUES ON THE MATTERS RAISED. WE SHALL TRY TO DO THIS OUT OF

COMMITTEE, SINCE THERE IS NO POSSIBILITY OF A FORMAL MEETING

BEFORE 26 FEBRUARY. YOU MAY FIND IT USEFUL TO HAVE A PRIOR

INDICATION OF HOW WE NOW SEE THE THREE PROBLEMS AT OFFICIAL

LEVEL.

*

2. ON THE QUESTION OF THE GOVERNOR'S RESERVED POWERS (YOUR

TELNO 285) AND THE RESERVATION OF BILLS AFFECTING LEGCO'S POWERS,

PRIVILEGES AND IMMUNITIES (YOUR TELNO 286) WE FEEL THAT THE

ARGUMENTS ARE MORE FINELY BALANCED THAN YOU SUGGEST. WHILE

AGREEING THAT CIRCUMSTANCES IN HONG KONG ARE DIFFERENT FROM THOSE

IN OTHER TERRITORIES, WE DO NOT BELIEVE THAT ALL THE PRECEDENTS

ARE WHOLLY IRRELEVANT. BUT ON BALANCE WE ACCEPT YOUR ARGUMENTS

THAT THE GOVERNOR SHOULD NOT BE GIVEN RESERVE POWERS OF

LEGISLATION, AND THAT ASSENT SHOULD NOT BE RESERVED ON BILLS

AFFECTING THE POWERS, PRIVILEGES AND IMMUNITIES OF THE

LEGISLATIVE COUNCIL, AND WILL SO RECOMMEND. THE BASIS FOR

THIS JUDGMENT IS THAT SUFFICIENT POWERS PROBABLY EXIST IN THE

LETTERS PATENT AS AT PRESENT CONSTITUTED TO DEAL WITH ANY

DIFFICULTIES WHICH MAY ARISE ON THESE SCORES. WE CANNOT OF

COURSE GUARANTEE THAT MINISTERS WILL TAKE THE SAME VIEW. YOUR

VIEWS WILL OF COURSE BE FULLY REPRESENTED TO THEM.

3. WE CONTINUE HOWEVER TO HAVE STRONG RESERVATIONS ON THE

QUESTION OF POWERS OF DISSOLUTION OF THE LEGISLATURE. WE BELIEVE

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