TNAG-1353-FCO40-1794-Constitutional-development-in-Hong-Kong-1985 — Page 131

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

HICK OIL !

20 FEB 1935

ва th. Lecks Cez p2

Mr Galsworthy, HKD

CONFIDENTIAL'

14

(49)

С

им

FROM

Paul Fifoot

DATE:

19 February 1985

AMENDMENTS TO LETTERS PATENT AND ROYAL INSTRUCTIONS

31

1.

43

116

I have now had an opportunity to study Hong Kong telno 313

of 9 February and the drafts enclosed with Sir P Haddon-Cave's

letter of 12 February.

Letters Patent

2. With regard to the issues raised in my minute of

23 January to Mr Hoare, Hong Kong agrees my editorial amendment

to Article 1(4) and proposes to risk relying on the word

"constituencies" in new Article VII (2).

2. You have decided to go along with the Governor's preference

not to include the suggestion that there should be a reserved

power of legislation by the Governor. I am not convinced of

the Governor's arguments insofar as they deal with the

applicability of past precedents and the present situation

the issue is one of giving the Governor adequate power to carry

out HMG's responsibilities, not one of confidence in the

legislature; but there is merit in the argument about the

possible effect of such a provision as a precedent for the SAR.

The issue is now before Ministers.

3. The only outstanding point on the Letters Patent is therefore

on Article 1(5) relating to the "appointed date". This is

relevant to the question of extra-sessional sittings (for which

provision was apparently made in the Standing Orders of the

Legislative Council in 1984). I frankly do not understand the

argument about this and we will need to be aware what it is in

order to inform Ministers. I will speak to Mr Thomas in Hong

We may also need to look at this

Kong in order to find out.

again when we have decided on the question of dissolution.

1

CONFIDENTIAL

/Royal

Comments

Approved members can add comments, bookmarks, and private notes.

No comments yet.

Private Research Note

Private notes are available after approval.