TNAG-1356-FCO40-1797-Constitutional-development-in-Hong-Kong-1985 — Page 22

CONFIDENTIAL

828

(358

پروگ

OCMIAN 0828

CONFIDENTIAL

OO HOKON

FM FCOLN TO HOKON

021100Z DEC

GRS 243

CONFIDENTIAL

FM FCO

TO IMMEDIATE HONG KONG

TELNO 1898

HKK OIL

FO: VED IN REGISTRY

- 5 DEC 1985

-

1

ра

NERY

OF 021100Z DECEMBER 85

INFO ROUTINE PEKING

INLA

PA

• for: Taken

YOUR TELNOS 2567 AND 2574: HONG KONG AGREEMENT: RESTRICTED: LAND

COMMISSION

1.

WE FEAR THAT WE DO SEE A DIFFICULTY WITH YOUR PROPOSAL.

THIS IS THAT IT WOULD INTRODUCE THE CONCEPT OF 'THE GOVERNMENT OF

HONG KONG' INTO THE LETTERS PATENT FOR THE FIRST TIME. AT

PRESENT THE PROVISIONS OF THE LETTERS PATENT RELATING TO THE

EXECUTIVE REFER ONLY TO THE GOVERNOR, THE EXECUTIVE COUNCIL AND

SUBORDINATE OFFICERS. QUITE APART FROM NEEDING TO BE CLEAR, IF

WE INTRODUCE THIS NEW IDEA, WHAT WE MEAN BY THE GOVERNMENT OF

HONG KONG' AND TO DECIDE WHETHER THE CONCEPT SHOULD BE INCLUDED

IN THE LETTERS PATENT IN OTHER CONTEXTS THAN LAND, WE SHOULD

CONSIDER PARTICULARLY CAREFULLY WHETHER THE CHINESE WOULD NOT SEE

THE INTRODUCTION OF THE TERM IN THE LETTERS PATENT AT THIS STAGE

AS AN ATTEMPT BY US TO DEVOLVE SIGNIFICANT POWERS OF HMG ON TO

HONG KONG WITH THE AIM OF MAKING HONG KONG MORE OF AN

'INDEPENDENT POLITICAL ENTITY'. GIVEN CHINESE SUSPICIONS,

WHICH WERE ALL TOO EVIDENT AT THE JLG, THIS COULD CAUSE SERIOUS PROBLEMS.

2.

FIFOOT WISHES TO DISCUSS LEGAL ASPECTS OF YOUR PROPOSAL

FURTHER DURING HIS CURRENT VISIT TO HONG KONG, BUT WE SHOULD

WELCOME YOUR EARLY VIEWS ON THIS POLITICAL POINT.

HOWE

HONG KONG AGREEMENT:

RESTRICTED

LIMITED

HD/HKD HD/FED

RESEARCH D. DP HD/PUSD

MR WILSON

COPIES TO:

MR FIFOOT, LEGAL ADUSRS MR WOOD

"

CONFIDENTIAL