TNAG-1352-FCO40-1793-Constitutional-development-in-Hong-Kong-1985 — Page 99

92500

CONFIDENTIAL

DESKBY 06083OZ

FM HONG KONG C60402Z FEB 35

TO IMMEDIATE FCO

CONFIDENTIAL

HICK Onli

OF

RECEIVED IN HUGO

6 FEB 1385

COPY

TELEGRAM NUMBER 285 OF 6 FEBRUARY

Dr

INFO PRIORITY PEKING

PA

otsun Tube.

YOUR TELNO 205: AMENDMENTS TO LETTERS PATENT AND ROYAL

RESERVED POWERS OF LEGISLATION FOR THE GOVERNOR.

INSTR

NSTRUCTIONS

1. I DO NOT CONSIDER THAT IT WOULD BE EITHER DESIRABLE OR APPROPRIATE

TO INCLUDE IN THE LETTERS PATENT PROVISION FOR RESERVED POWERS OF

LEGISLATION FOR THE GOVERNOR FOR THE FOLLOWING REASONS:

(A) IT WOULD NOT BE POSSIBLE TO INTRODUCE THE PROVISION WITHOUT IT

BEING SEEN AS A MAJOR CONSTITUTIONAL CHANGE AND ATTRACTING

INTENSE PUBLIC COMMENT IN HONG KONG. IT WOULD BE INTERPRETED AS

A RESOUNDING DECLARATION OF NO CONFIDENCE IN THE PROCESS OF

ESTABLISHING MORE REPRESENTATIVE GOVERNMENT IN HONG KONG AND

IN THE NEW STYLE LEGISLATIVE COUNCIL:

(B) IT WOULD BE INCONSISTENT WITH THE SPIRIT OF ANNEX | OF THE

AGREEMENT ON THE FUTURE OF HONG KONG WHICH PROVIDES FOR A

LEGISLATURE CONSTITUTED BY ELECTIONS, SAYS THAT THE EXECUTIVE

AUTHORITIES SHALL ABIDE BY THE LAW AND SHALL BE ACCOUNTABLE

TO THE LEGISLATURE, AND THAT THE LEGISLATIVE POWER SHALL BE

VESTED IN THE LEGISLATURE. WE FOUGHT VERY HARD IN THE

NEGOTIATIONS FOR AN ELECTED LEGISLATURE AND AN EXECUTIVE

ACCOUNTABLE TO IT. IT WOULD BE HIGHLY DAMAGING FOR HMG NOW, IN EFFECT, TO DECLARE PUBLICLY ITS LACK OF FAITH IN ITS OWN

PROPOSALS.

(C) IT WOULD GIVE THE CHINESE GOVERNMENT THE OPPORTUNITY AND EXCUSE

TO PROVIDE SIMILAR POWERS FOR THE CHIEF EXECUTIVE OF THE SAR

IN THE BASIC LAW, WHICH WOULD BE HIGHLY UNDESIRABLE.

(D) IN PRACTICE, IT WOULD BE ALMOST IMPOSSIBLE FOR THE GOVERNOR

TO EXERCISE SUCH A POWER IN THE POLITICAL CIRCUMSTANCES OF

HONG KONG, PARTICULARLY AS WE APPROACH 1997. THE PRECEDENTS

OF FORMER BRITISH DEPENDENT TERRITORIES IN THE 1950'S HAVE

LITTLE RELEVANCE TO PRESENT-DAY HONG KONG: AND

(E) IN ANY EVENT IT IS UNNECESSARY, BECAUSE THE GOVERNOR ALREADY

HAS VERY WIDE POWERS UNDER EMERGENCY LEGISLATION TO DEAL WITH

CRISIS SITUATIONS: AND HE COULD, IF NECESSARY, REQUEST HMG TO

AMEND THE ROYAL INSTRUCTIONS TO PROVIDE FOR THE APPOINTMENT OF

ADDITIONAL OFFICIAL MEMBERS OF THE LEGISLATIVE COUNCIL TO

ENSURE THAT ESSENTIAL LEGISLATION IS PASSED. IT WOULD STILL

ALSO BE POSSIBLE, AS A LAST RESORT, FOR HMG EITHER TO LEGISLATE

DIRECTLY OR, IN THE HIGHLY UNLIKELY EVENT OF THE NEED ARISING,

TO AMEND THE LETTERS PATENT TO PROVIDE THE GOVERNOR WITH

RESERVED POWERS OF LEGISLATION TO COVER THE SPECIFIC NEED.

CONFIDENTIAL

12.