ཐམLAL---.-
PM/85/16
PRIME MINISTER
CONFIDENTIAL
KKK Onl
VIEWED IN ALGOTHY
20 FEB 1935
DA
teeks
Perkon Taken
Са! мм
Ctr 25/2
2012
HKD
50
PS/M/ Loa PS/ PUS
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
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