TNAG-1355-FCO40-1796-Constitutional-development-in-Hong-Kong-1985 — Page 37

CONFIDENTIAL

17019

OCMIAN 7019

CONFIDENTIAL

OO HOKON

FM FCOLN TO HOKON

161400Z OCT

GRS 620

CONFIDENTIAL

HKK Oll

RECEIVED IN REGIStay

1 7 OCT 1985

DESK OFFICER

FM FCO

TO IMMEDIATE HONG KONG

TELNO 1574

INDEX

OF 161400Z OCTOBER 85

INFO IMMEDIATE PEKING

PA

REGISTRY

Action Taken

YOUR TELNO 2116: DEBATE ON BASIC LAW IN LEGGO

1. WE AWAIT YOUR FURTHER COMMENTS ON THE POLITICAL ASPECTS OF

MARTIN LEE'S CALL FOR A LEGCO DEBATE ON THE BASIC LAW (PARA 5 OF

TUR). IN THE MEANTIME, YOU MAY FIND IT HELPFUL TO HAVE

-RELIMINARY COMMENTS FROM HERE (AT OFFICIAL LEVEL) ON BOTH THE

LEGAL AND POLITICAL ASPECTS.

2.

LEGAL ADVICE IS THAT UNDER THE CURRENT LETTERS PATENT,

ROYAL INSTRUCTIONS AND STANDING ORDERS, IT WOULD BE IN ORDER FOR

A MOTION TO BE INTRODUCED IN LEGCO ON THE BASIC LAW. THERE IS NO

SPECIFIC DEFINITION OF THE FUNCTIONS OF LEGCO: THE ARGUMENT IN

PARA 3 OF TUR (THAT THE SCOPE OF DEBATE IS ANCILIARY TO THE

LEGISLATISLATIVE FUNCTION) DEPENDS UPON A RESTRICTIVE

INTERPRETATION IMPLIED FROM THE TITLE OF THE COUNCIL. HOWEVER

PARAGRAPH XXIV OF THE ROYAL INSTRUCTIONS DISREGARDS SUCH AN

IMPLICIT ARGUMENT IN ALLOWING ANY MEMBER 'TO PROPOSE ANY QUESTION

FOR DEBATE'.

3. THERE IS A QUESTION WHETHER THE REMAINING WORDS OF THE FIRST

SENTENCE OF PARAGRAPH XXIV ARE CAPABLE OF RESTRICTING THE SUBJECT

OF DEBATE OR ARE CONFINED TO THE MEANS (EG THE DEBATE MUST BE

SUBSTANTIVE AND THE MATTER MUST NOT BE RAISED ON THE ADJOURNMENT

OR BY QUESTIONS) BY WHICH IT MAY BE EXERCISED. SO 31 DOES, IN

1

CONFIDENTIAL

-

1

208