TNAG-1353-FCO40-1794-Constitutional-development-in-Hong-Kong-1985 — Page 125

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

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PM/85/16

PRIME MINISTER

CONFIDENTIAL

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20 FEB 1935

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Sirl Harding

Dr Luson Mr Burrows Mr fifect

Mr Houston

Hong Kong: Constitutional Development:

Amendments to Letters Patent and Royal Instructions

Under the proposals published in a White Paper in

November 1984 Hong Kong is to introduce limited elections in

September 1985 to fill 24 of the 56 seats in the Legislative

Council. To make this possible, the Letters Patent and Royal

Instructions, which effectively form the constitution of

Hong Kong, need to be amended, and an electoral bill needs

to be introduced in Hong Kong. Changes to the Letters Patent

and Royal Instructions are made by orders under the Royal

Prerogative and do not therefore have any legislative

implications for Parliament.

2. Most of the issues involved in this matter are technical,

but examination of the proposals has thrown up two important

questions, on which I should value your advice and that of

colleagues. These are:

3.

(i) Whether the Governor should have reserve powers

of legislation; and

(ii) Whether he should have power to dissolve the

legislature.

Governor's Reserved Powers of Legislation

The practice in most dependent territories, once HMG no

longer have the power to direct the legislature by means of

instructing an official majority, has been to give the Governor

power, if he sees fit, to pass legislation over the heads of

the legislature. This practice has not been universal: an

exception is Bermuda. The purpose of the provision is to

enable HMG, through the Governor, to continue to exercise its

CONFIDENTIAL

../ultimate

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