TNAG-1352-FCO40-1793-Constitutional-development-in-Hong-Kong-1985 — Page 97

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9R400 CONFIDENTIAL

DESKBY 06083OZ

CONFIDENTIAL HKK Ölili

FM HONG KONG 060406Z FEB 85

TO IMMEDIATE FCO.

TELEGRAM NUMBER 287 OF 6 FEBRUARY

INFO PRIORITY PEKING

事

TOP COPY

YOUR TELNO 204: LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) BILL GOVERNOR'S POWER OF DISSOLUTION AND FREQUENCY OF ELECTIONS.

1. I AM NOT IN FAVOUR OF INCLUDING PROVISIONS IN EITHER THE ROYAL INSTRUCTIONS OR THE LEGISLATIVE COUNCIL (ELECTORAL PROVISIONS) BILL TO GIVE THE GOVERNOR THE POWER TO DISSOLVE THE LEGISLATIVE COUNCIL AT ANY TIME OR TO ALLOW FOR THE HOLDING OF EXTRAORDINARY ELECTIONS, OTHER THAN AT THREE-YEAR INTERVALS, FOR THE FOLLOWING REASONS:-

(A) IT IS HIGHLY UNLIKELY THAT THERE WILL BE A NEED TO DISSOLVE

THE LEGISLATIVE COUNCIL OR HOLD AN EXTRAORDINARY ELECTION BETWEEN 1985 AND 1938 AS THERE WILL BE A MAJORITY OF APPOINTED (OFFICIAL AND UNOFFICIAL) MEMBERS UNTIL 1988:

(3) IF SUCH PROVISIONS WERE INCLUDED NOW THEY WOULD PROVIDE THE

CHINESE GOVERNMENT WITH AN OPPORTUNITY TO INCLUDE SIMILAR POWERS IN THE BASIC LAW FOR THE CHIEF EXECUTIVE OF THE SAR OR PEKING ITSELF. THE CHIEF EXECUTIVE COULD THEN LEGALLY DISSOLVE THE LEGISLATURE WHENEVER IT SUITED HIM (OR THE CHINESE). THIS WOULD BE UNDESIRABLE AND QUITE INCONSISTENT WITH OUR AIM OF STRENGTHENING REPRESENTATIVE INSTITUTIONS

IN HONG KONG:

(C) THE BILL IS INTENDED PRIMARILY TO PROVIDE FOR THE HOLDING OF

ELECTIONS IN 1985 AND WILL ALMOST CERTAINLY HAVE TO BE AMENDED EXTENSIVELY FOLLOWING THE REVIEW IN 1987 AND BEFORE

THE NEXT ELECTIONS ARE HELD IN 1988:

(D) IF IT IS CONSIDERED THAT THERE IS A NEED TO ALTER THE FREQUENCY OF ELECTIONS FOR PRACTICAL REASONS AFTER 1988, E.G. TO AVOID HAVING TO HOLD AN ELECT LON IN 1997, THIS CAN BE DONE IN 1988, WHEN A COHERENT AND COMPREHENSIVE POLITICAL AND CONSTITUTIONAL PLAN FOR THE 1990'S WILL IN ANY CASE HAVE TO BE INTRODUCED.

YOUDE

LIMITED

HKD

FED

SIR W. HARDING

MRWILSON

COPIES TO

MRBICKFORD LEGAL ADVISER

CONFIDENTIAL

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