TNAG-1352-FCO40-1793-Constitutional-development-in-Hong-Kong-1985 — Page 96

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92400

CONFIDENTIAL

DESK3Y 06083OZ

FM HONG KONG 0504032 FEB 95

TO IMMEDIATE FCO

CONFIDENTOP COPY

TELEGRAM NUMBER 209 OF 6 FEBRUARY

INFO PRIORITY PEKING

IN REGISTRY

AFED 1985

tron Taken

YOUR TELNO 204: LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) SILL

TIMING.

HIPT

1. YOUR TEL UNDER REF DOES NOT TAKE INTO ACCOUNT THAT THE TIME- TABLE FOR ENACTING THE BILL AND THE SUBSIDIARY REGULATIONS AND THEREAFTER COMPLETING ALL THE NECESSARY APRANGEMENTS FOR DRAWING UP THE ELECTORAL ROLLS AND CONDUCTING THE ELECTIONS TO THE LEGISLATIVE COUNCIL IN SEPTEMBER THIS YEAR, IS (MEXT WORD UNDER-

LINED) EXTREMELY TIGHT.

2. IT WOULD BE POSSIBLE TO DEFER PUBLICATION OF THE BILL IN THE

GAZETTE UNTIL 1 MARCH, BUT IT IS ESSENTIAL THAT WE SHOULD BE

ABLE TO INTRODUCE THE BILL INTO THE LEGISLATIVE COUNCIL ON 13

MARCH AND COMPLETE ITS ENACTMENT IN EARLY APRIL. TO DELAY IT

ANY LONGER WOULD SERIOUSLY DISRUPT OUR TIME-TABLE AND WOULD BE

UNFAIR TO MEMBERS OF LEGISLATIVE COUNCIL WHO WILL NEED TIME TO

CONSIDER THE BILL CAREFULLY BEFORE DEBATING IT.

3. THE GENERAL INTENTIONS AND MAIN FEATURES OF THE BILL HAVE

ALREADY BEEN MADE PUBLIC IN THE WHITE PAPER ON THE FURHTER DEVELOPMENT OF REPRESENTATIVE GOVERNMENT IN HONG KONG, WHICH

WAS ENDORSED BY THE LEGISLATIVE COUNCIL IN THE DESATE ON 9 AND 10

JANUARY. THE WAY IN WHICH ARTICLE XXVI OF THE ROYAL INSTRUCTIONS

IS WORDED INDICATES THAT DEBATE BEFORE ROYAL ASSENT CAN BE

CONTEMPLATED. OTHERWISE, CONSIDERATION OF A BILL DEALING WITH A

RESERVED SUBJECT WOULD HAVE BEEN PROHIBITED. I AM DOUBTFUL

THEREFORE IF IT IS NECESSARY TO DEFER THE PUBLICATION OF THE

SILL IN THE GAZETTE AND ITS INTRODUCTION INTO THE LEGISLATIVE

COUNCIL UNTIL THE ROYAL ASSENT HAS BEEN GIVEN TO THE PROPOSED

AMENDMENTS TO THE LETTERS PATENT AND ROYAL INSTRUCTIONS. THE

FURTHER STAGES OF THE PASSAGE OF THE BILL THROUGH THE LEGISLATIVE

COUNCIL WILL NOT TAKE PLACE UNTIL EARLY APRIL, BY WHICH TIME THE

ROYAL ASSENT WILL HAVE BEEN GIVEN.

4. YOUR EARLY CONFIRMATION THAT THE TIMINGS REFERRED TO IN PARA 2

ABOVE ARE ACCEPTABLE WOULD BE APPRECIATED.

YOUDE

LIMITED

HKD

32

FED

SIR-W. HARDING

MR WILSON

COPIES TO

MR BICK FORD LEGAL ADVISER

CONFIDENTIAL