TNAG-1355-FCO40-1796-Constitutional-development-in-Hong-Kong-1985 — Page 91

GRS 450

CONFIDENTIAL

FM HONG KONG

TO IMMEDIATE FCO

TELNO 2116

CONFIDENTIAL

ник ош

RECEIVED IN REG

10 OCT 1935

ESKO

OF 090925Z OCTOBER 85

1

INFO IMMEDIATE PEKING'

PEKING!

INDEX

HONG KONG TELNO 2097: DEBATE ON BASIC LAW IN LEGCO.

196

Asheets. PA 011/1 ра

TUR REPORTED THE CALL BY ELECTED LEGCO MEMBER AND BASIC LAW DRAFTING COMMITTEE MEMBER, MR MARTIN LEE, QC, FOR THE BASIC LAW TO BE DEBATED IN LEGCO. THIS HAS BECOME THE SUBJECT OF

CONSIDERABLE MEDIA ATTENTION FOLLOWING REMARKS BY THE CHIEF SECRETARY TO THE EFFECT THAT IT WOULD NOT BE DESIRABLE AND PERHAPS EVEN CONSTITUTIONALLY IMPROPER FOR THE BASIC LAW TO BE DEBATED IN

LEGCO AS SUGGESTED BY MR LEE AND THE SUBSEQUENT ASSERTION AS

SUGGESTED BY MR LEE THAT THERE WAS NOTHING THE CHIEF

SECRETARY COULD DO TO PREVENT HIM BRINGING THE SUBJECT UP IN THE

COUNCIL. MISS DOROTHY LIU IS ON RECORD AS SAYING THAT THE BASIC

LAW IS BEING DRAFTED UNDER THE AUTHORITY OF THE NATIONAL PEOPLE'S

CONGRESS WHICH IS A SUPERIOR BODY: IT WOULD NOT BE APPROPRIATE FOR

LEGCO AS A LOCAL LEGISLATURE TO DEBATE IT.

2. STANDING ORDER 9(5) OF LEGCO PRECLUDES AN UNOFFICIAL FROM

RAISING IN AN (NEXT WORD UNDERLINED) ADJOURNMENT DEBATE ANY

SUBJECT FOR WHICH THE GOVERNMENT IS NOT RESPONSIBLE AND SO 15(1).

IMPOSES SIMILAR RESTRICTIONS ON QUESTIONS. BUT THERE IS NOTHING IN

PART G OF STANDING ORDERS TO PREVENT MR LEE FROM MOVING A MOTION

IN THE NORMAL COURSE OF LEGCO BUSINESS AND ROYAL INSTRUCTION XXIV

PERMITS ANY MEMBER TO PROPOSE ANY QUESTION FOR DEBATE. (IT WAS

UNDER THIS BROAD REMIT THAT THE LOBO MOTION WAS MOVED DURING THE

NEGOTIATIONS.) THE ONLY WAY IN WHICH MR LEE COULD BE FRUSTRATED

IS BY USE OF SO 22 WHICH PERMITS THE PRESIDENT TO AMEND A

MOTION OR RULE IT OUT OF ORDER.

3. HOWEVER APART FROM SO 31 THERE IS LITTLE OR NO GUIDANCE AS TO THE PRINCIPLES TO BE APPLIED IN DETERMINING WHETHER A MOTION IS OUT OF ORDER. WE PROPOSE TO EXPLORE THIS ASPECT IN GREATER DETAIL IMMEDIATELY WITH A VIEW TO PROVIDING AN OPINION AND GUIDELINES ON THE SCOPE OF SO 22. WE ARE PRESENTLY CONSIDERING WHETHER THE SCOPE FOR DEBATE, BEING ANCILLARY TO THE DEVOLUTION OF LEGISLATIVE CLAUSE UNDER THE LETTERS PATENT, SHOULD NOT SIMILARLY BE CIRCUMSCRIBED BY REFERENCE TO THE PEACE ORDER AND GOOD GOVERNMENT OF THE COLONY. OUR LEGAL ADVISERS WILL PROBABLY WISH TO CONSULT YOUR LEGAL ADVISERS. BUT WE SHALL HAVE TO BE ALIVE TO THE POLITICAL ASPECTS TOO.

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